What is the name of your state? CALIFORNIA
I AM A JUDGMENT CREDITOR WHO PLACED THE JUDGEMENT WITH A COLLECTION AGENCY. THE COLLECTION AGENCY THEN PLACED IT WITH AN ATTORNEY IN PHOENIX AZ WHERE THE DEBTORS CURRENTLY RESIDE. THE DEBTORS FILED A MOTION FOR RELIEF IN AZ WHICH WAS DENIED IN THE CASE OF ONE OF THE DEBTORS. THE OTHER DEBTOR - UNBEKNOWN TO ME FILED CHAP 7 WHILE MY CASE AGAINST HIM WAS GOING ON - THE AZ COURT RULED THAT IT WILL NOT ALLOW MY JUDGMENT TO STAND IN AZ UNTIL AFTER I SUCCESSFULLY REOPEN THE BK. THE DEBTORS ALSO FILED A MOTION FOR RELIEF IN L.A. WHICH WAS DENIED - THE JUDGE ACTUALLY STATED THAT IN HIS OPINION/RESEARCH, MY JUDGMENT WOULD WITHSTAND THE BK DISCHARGE.
MY L.A. ATTORNEY DRAFTED A THREE PAGE SETTLEMENT PROPOSAL FOR THE AZ ATTORNEY TO SUBMIT TO THE DEBTORS' COUNSEL. THE AZ ATTORNEY SUMBMITTED A ONE SHORT PARAGRAPH SETTLEMENT PROPOSAL INDICATING THE AMOUNT I AM ASKING, NOTHING ELSE.
I DON'T FEEL, THINK, BELIEVE THAT THE COLLECTION AGENCY AND THE AZ ATTORNEY ARE ACTING IN MY BEST INTEREST. THEY ARE SUGGESTING THAT I SETTLE FOR (INCLUDING THEIR 45% FEE) 10% OF MY JUDGMENT.
THE PROPOSAL THAT MY L.A. ATTORNEY DRAFTED INCLUDES INFORMATION - FACTS NOT EMPTY THREATS SO TO SPEAK - THAT IN MY OPINION COULD SWAY THE DEBTORS TO OFFER MORE. MYJUDGEMENT IS FOR STATUTORY FRAUD WITH PUNITIVE DAMAGES OF $500k FROM EACH DEBTOR. ONE OF THE DEBTORS HAS A HISTORY OF FRAUDULENT ACTIVITIES. AS OF THIS WRITING I HAVE STRONG REASONS TO BELIEVE THAT HE CONTINUES TO ENGAGE IN FRAUDULENT ACTIVITIES IN ARIZONA - HE IS THE CEO AND PRESIDENT OF A SEC TRADED COMPANY.
I WANT TO TERMINATE THE CONTRACT I HAVE WITH THE AGENCY BUT THE AGREEMENT SAID THAT UNTIL SUCH TIME AS THEY TELL ME IN WRITING THAT THE CLAIM IS UNCOLLECTIBLE IT'S THEIRS.
THE DEBTORS HAVE FILED NOTICES OF APPEAL BOTH IN AZ AND L.A. (NOTE THAT MY JUDGMENT IS FROM OCTOBER 2003 - 2 YEARS OLD)
THE AZ ATTORNEY WANTS ME TO GIVE HIM A RETAINER AND START CHARGING ME BY THE HOUR. MY L.A. ATTORNEY WILL NOT DO ANY WORK WITH GETTING PAID. TO GET THIS JUDGMENT TO WHERE IT IS, I HAVE ALREADY SPENT A FORTUNE IN ATTORNEY'S FEES.
WHAT RECOURSE DO I HAVE IF ANY? CAN I TERMINATE THE CONTRACT WITH THE COLLECTION AGENCY SINCE THE JUDGMENT I HAVE IS UNENFORCEABLE AND UNCOLLECTIBLE UNLESS I REOPEN THE BK? THE COLLECTION AGENCY HAS ALSO INFORMED ME VERBALLY THAT IF I CANCEL THE PLACEMENT, THEY WILL BILL FOR HALF OF THE JUDGMENT - THAT I WILL OWE THEM HALF OF MY JUDGMENT.
THE AZ ATTORNEY PLACED A LIEN ON THE REAL PROPERTY OF ONE OF THE DEBTORS - THE ONE WHO DID NOT FILE BK BUT ACCORDING TO THE ATTORNEY IT IS PROTECTED BY COMMUNITY PROPERTY LAWS IN AZ (DID I TELL YOU THAT THE DEBTORS GOT MARRIED TO EACH OTHER EARLY ON IN MY CASE BUT ONLY THE HUSBAND FILED CHAPTER 7)?
I AM A JUDGMENT CREDITOR WHO PLACED THE JUDGEMENT WITH A COLLECTION AGENCY. THE COLLECTION AGENCY THEN PLACED IT WITH AN ATTORNEY IN PHOENIX AZ WHERE THE DEBTORS CURRENTLY RESIDE. THE DEBTORS FILED A MOTION FOR RELIEF IN AZ WHICH WAS DENIED IN THE CASE OF ONE OF THE DEBTORS. THE OTHER DEBTOR - UNBEKNOWN TO ME FILED CHAP 7 WHILE MY CASE AGAINST HIM WAS GOING ON - THE AZ COURT RULED THAT IT WILL NOT ALLOW MY JUDGMENT TO STAND IN AZ UNTIL AFTER I SUCCESSFULLY REOPEN THE BK. THE DEBTORS ALSO FILED A MOTION FOR RELIEF IN L.A. WHICH WAS DENIED - THE JUDGE ACTUALLY STATED THAT IN HIS OPINION/RESEARCH, MY JUDGMENT WOULD WITHSTAND THE BK DISCHARGE.
MY L.A. ATTORNEY DRAFTED A THREE PAGE SETTLEMENT PROPOSAL FOR THE AZ ATTORNEY TO SUBMIT TO THE DEBTORS' COUNSEL. THE AZ ATTORNEY SUMBMITTED A ONE SHORT PARAGRAPH SETTLEMENT PROPOSAL INDICATING THE AMOUNT I AM ASKING, NOTHING ELSE.
I DON'T FEEL, THINK, BELIEVE THAT THE COLLECTION AGENCY AND THE AZ ATTORNEY ARE ACTING IN MY BEST INTEREST. THEY ARE SUGGESTING THAT I SETTLE FOR (INCLUDING THEIR 45% FEE) 10% OF MY JUDGMENT.
THE PROPOSAL THAT MY L.A. ATTORNEY DRAFTED INCLUDES INFORMATION - FACTS NOT EMPTY THREATS SO TO SPEAK - THAT IN MY OPINION COULD SWAY THE DEBTORS TO OFFER MORE. MYJUDGEMENT IS FOR STATUTORY FRAUD WITH PUNITIVE DAMAGES OF $500k FROM EACH DEBTOR. ONE OF THE DEBTORS HAS A HISTORY OF FRAUDULENT ACTIVITIES. AS OF THIS WRITING I HAVE STRONG REASONS TO BELIEVE THAT HE CONTINUES TO ENGAGE IN FRAUDULENT ACTIVITIES IN ARIZONA - HE IS THE CEO AND PRESIDENT OF A SEC TRADED COMPANY.
I WANT TO TERMINATE THE CONTRACT I HAVE WITH THE AGENCY BUT THE AGREEMENT SAID THAT UNTIL SUCH TIME AS THEY TELL ME IN WRITING THAT THE CLAIM IS UNCOLLECTIBLE IT'S THEIRS.
THE DEBTORS HAVE FILED NOTICES OF APPEAL BOTH IN AZ AND L.A. (NOTE THAT MY JUDGMENT IS FROM OCTOBER 2003 - 2 YEARS OLD)
THE AZ ATTORNEY WANTS ME TO GIVE HIM A RETAINER AND START CHARGING ME BY THE HOUR. MY L.A. ATTORNEY WILL NOT DO ANY WORK WITH GETTING PAID. TO GET THIS JUDGMENT TO WHERE IT IS, I HAVE ALREADY SPENT A FORTUNE IN ATTORNEY'S FEES.
WHAT RECOURSE DO I HAVE IF ANY? CAN I TERMINATE THE CONTRACT WITH THE COLLECTION AGENCY SINCE THE JUDGMENT I HAVE IS UNENFORCEABLE AND UNCOLLECTIBLE UNLESS I REOPEN THE BK? THE COLLECTION AGENCY HAS ALSO INFORMED ME VERBALLY THAT IF I CANCEL THE PLACEMENT, THEY WILL BILL FOR HALF OF THE JUDGMENT - THAT I WILL OWE THEM HALF OF MY JUDGMENT.
THE AZ ATTORNEY PLACED A LIEN ON THE REAL PROPERTY OF ONE OF THE DEBTORS - THE ONE WHO DID NOT FILE BK BUT ACCORDING TO THE ATTORNEY IT IS PROTECTED BY COMMUNITY PROPERTY LAWS IN AZ (DID I TELL YOU THAT THE DEBTORS GOT MARRIED TO EACH OTHER EARLY ON IN MY CASE BUT ONLY THE HUSBAND FILED CHAPTER 7)?
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