Judgement/Attorney wants phone calls not written correspondence

[jlc614]

What is the name of your state? NY

I have a judgment which I have been making payments on and am about half way paid off. Before this account became a judgement I was making payments to the attorney and was told that they would stop the judgement process as long as I continued to make payments. I was stupid and didn't get it in writting and they went and got the judgment. I am now corresponding with them and have requested that all correspondence be in writing..either email or mail. They are giving me a hard time stating that "it is too time consuming and I should just call them." Do I not have the legal right to request everything in writing?

 

[jlc614]

Sorry I forgot to mention that my contact in the attorney's office is now telling me that I am being uncooperative and making insuations to the fact theat they mat continue legal action even though I am making payments? Is there anything they can do besides put a lien on my paycheck? I have no savings and do not own my home. I am already paying them more than I beleive they would get from a lien on my check.

 

[MYRITES]

First let me let you know I'm in NY also / dealing with 3 judgement issues myself right now:

You may want to read up on the FCRA Fair Credit Reporting Act
to learn about what these collectors are and are not allowed to do:

Also: you can contact the FTC Federal Trade Commission
and put a complaint in about this company if they harass
you or are DIS HONEST with you...I just filed one the other day
a collector told me to make calls to my family and friends to borrow money and get back to him by 5pm today. I called the
FTC and filed a complaint against the law firm and I faxed that
lawyer told him he had no right to bully me the way he did
( I hope he don't zap my cking acct...I have rent to pay)

This has to stop..these collectors are getting away with
too much !!!!!!!!!!



( both FCRA and FTC have wesites:


1st You absolutely have the right to request everything in writing
what I did was fax the attny's the collectors and named people who were abusive I told they never to have those people contact me again and I stated word for word what they said to me
( they have not right to harass and abuse us )


JUDGEMENTS: legally they HAVE to send you copy
of the judgement, before it goes to court, as far as I know,
you have the right to Deny the debt or try and make
a payment plan and explain to the judge if you go to court

Yes they'll threaten you over the phone.but you must
be notified in writing by mail to your home legally anyway
but you can be on top of it and tell them it's what I did

You have the right to put eveything in writing to them..
and request they do the same..you have the right to
tell them never to call you again..anywhere anytime
and they must comply with your wishes

What I faxed to them:
I requested that no one from your office contact me ever again
at my home or my work I'm requesting all communications
effective today in writing sent to my home address.

JUDGEMENT: in your case I"m not very clear but it sounds
like you say you first started paying this judgement ?
I guess they threatened you with it over the phone, is what
it sounded like ?

so IF you know the balance you started with: I would put
all that in writing with the balance and list all
my payments to date and ask them to confirm back to you
they agree with YOUR BALANCE in writing....and do this
until it's paid in full
I would do this IMMEDIATELY Before they file the judgement with the court so you have yourself covered....GOOD LUCK


Going forward, Never pay anything unless they send it
to you in writing...what I say is: I don't want a judgement
on my credit report...can you mail me copy of amount due can we make a deal and clear this up...and then tell them what I can afford..OF COURSE THEY ALWAYS WANT SOME RIDICILIOUS AMOUNT BUT YOU HAVE TO WORK AT IT..I did and got $50 payments on $2200 balance

GOOD LUCK AGAIN..YOU HAVE RITES DON'T SIT ON THEM

 

[MYRITES]

The Lien on your paycheck:

They should not garnish your paycheck if your paying this debt
they will have not need to garnish your check..

I would get a memo fax out to them asap showing what i've
paid to date so they have nothing to file against you and they'll
see that they can't BULL you since you know what your
rights are...although they will always try anyway..it's tough
but we have to stand up to these Unfair Collectors

call Federal Trade Commission with questions also
I found them helpful

GOOD LUCK AGAIN

 

[empowerment]

Yes, you must continue your communication with them by certified mail. Secondly, you must maintain a file and journal of all of your conversations and transactions with them for future reference. You stated that you made payments with them but you did not have a written agreement. Do you have copies of the cashed personal checks, money order receipts, etc; if not then can you get copies? If you can get copies of your transactions showing that you have been making payments, then you can brings them in court (not them bring you) showing the judge that you are and have been actively making payments to them and they have continue to harass you and fail to follow the guidelines as establish within the Fair Debt Collection Act.

jervickb@yahoo.com

 

[Ladynred]

MYRITES - get your laws straight ! The FCRA is the Fair Credit Reporting Act and has NOTHING to do with governing what a collection agency cann and cannot do !

The whole picture changes when they already have a judgment. The FDCPA still does apply, to some degree, but the judgment creditor has far more remedies and power to collect. With that judgment, they CAN garnish the writer's paycheck, levy bank accounts and go after anything else available by law to collect on the debt. Just because the writer is making payments doesn't necessarily stop them from taking other measures to collect. The writer does not have anything about the so-called agreement in writing. How would he/she ever prove to a judge that they had one ????

 

[MYRITES]

MYRITES - get your laws straight ! The FCRA is the Fair Credit Reporting Act and has NOTHING to do with governing what a collection agency cann and cannot do !
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
RIGHTO !!!
I meant Fair Debt Collections Practices Act…FDCPA
this law will explain what the "Bully Collectors are NOT ALLOWED
to do"

FCRA explains your rights as a consumer

Good Luck...

QUESTION FOR Ladynred ???

Re: Judgement Papework:
Don't you agree that copy of the judgement
MUST BE SENT to the defendant once it filed with the court ?
MYRITES

 

[Ladynred]

If you dispute, then yes, they must send a copy of the judgment if there is one.

If you don't dispute, and never got a copy of the casefile for yourself, then that is the fault of the judgment debtor.

 

[MYRITES]

No what I mean is:

What if you have no idea that the creditor is filing
a judgement against you in the court.

Legally : I"m pretty sure you'd have to be notified by receiving
copy in the mail..advising you that a judgement has been filed
against you in the court..so you can take action on it ?

 

[Ladynred]

Not unless state law specifies such.

Usually, a person's 'notification' that there IS a lawsuit is being served with the summons. If service was to an old address or the wrong address and the debtor doesn't respond or go to court, then the creditor usually gets a default judgment.

The next 'notice' a debtor is likely to get would be one of a notice of garnishment, interrogatories for discovery of assets, or finding a lien on property when they try to sell it, or finding a judgment on their credit reports. No other 'notice' is generally required at all.

If you've been sued, and were not served, then you need to get a copy of the judgment case file from the court and find out what happened to the summons to start with.

 

[jlc614]

Thanks for all the information but I have gone ahead and filed BK.