Is there any one who can tell me how long does a collection agency or lawyer have to give a debtor to pay a debt before threatening to garnish wages. is at least 30 days or at least 5 days.
Did they win a DEFAULT JUDGMENT in court??? Or did you go to court and you LOSE??? If NO to both...I "THINK" IT IS LIKE 72 YEARS BEFORE THEY CAN GARNISH WAGES...OR MAYBE IT IS NEVER??? ALTHOUGH THEY CAN "THREATEN" AT ANY TIME TO SCARE YOU...THEY CAN'T COLLECT EVEN $0.10 They make tons of money just SCARING PEOPLE INTO PAYING!!! They even have mentioned a time or two that the POLICE/SHERIFF will show up at your door and take you to jail for a year or two...(CAN'T HAPPEN---NO DEBTOR'S PRISON)
Well its a judgment from 1995 and it was reported settled on a recent credit report. Then in may a lawyer sends a letter to pay in five days or garnishment. For more info look here:http://consumers.creditnet.com/stra...php?s=&threadid=48435&perpage=20&pagenumber=1
Re: Re: Re: Demand payment in 5 days? Done that the S.O.L. is 21 yrs. Not denying the debt just the misinformation, the lack of communication, and not given the chance to offer a settlement other than 5 days after 8 yrs.
Re: Re: Demand payment in 5 days? I don't think its bogus the judgement was placed years ago. As a matter of fact the O.C. does not even show up on a credit report. I believe the debt was bought that is why the judgment was reported as settled. IMO. I have tried to explain this a best as possible. The judgment is correct. The problem it was so long ago and no other notice was sent out or anything until May 2003. And it was pay or garnishment in five days. After a letter of validation was sent and responded to by the lawyer with a copy of the installment contract and other neccesary papers, the lawyer filed for garnishment the same day he sent his reply. This then started the garnishment this month and will continue for the next 7 months. Don't know what else to say about the matter. Other than how is that no communication was made to say the debt has been bought and it will show up as settled on your report. You now owe the debt to "whoever". And it shold be paid by "any date". And not the debt is ignored by the lawyer until 8 years later without letting the debtor make arrangements to pay.
Re: Re: Demand payment in 5 days? You are complaining about a 5 day payment or garnishment BUT you ignored the judgement for 8 yrs YIKES.... I had to wait 2 yrs for a judgement I won against someone to collect. It's not like you ignore it that it will POOF disappear. I think it's your fault that you ignored it for so long and if I were you I would pay it.
Re: Re: Re: Demand payment in 5 days? 1*You are complaining about a 5 day payment or garnishment BUT you ignored the judgment for 8 yrs YIKES.... 2 It's not like you ignore it that it will POOF disappear. 3*I think it's your fault that you ignored it for so long and if I were you I would pay it. iambroke ================ Did you read about this on claymcas other post ? I don't think you did, other wise you would not have made the dumb off the wall comments above. 1* It's not a case of him ignoring; it's about a so called law firm attempting to scam him using a forged copy of an alleged judgment which by the way isn't on file with anybody anywhere else not even at the court house. 2*claymcas wasn't doing that. 3*Why pay a con artist for bilking you? THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Re: Re: Re: Demand payment in 5 days? HUH? 1* It's not a case of him ignoring; it's about a so called law firm attempting to scam him using a forged copy of an alleged judgment which by the way isn't on file with anybody anywhere else not even at the court house. Ok show me where he said it wasn't filed in any courthouse? He stated the judgement was not bogus, that it was correct. That is how you can assume he owes it, right? Normally when a judgement is paid there is a "satisfaction of judgement" entered. He did not state he had that? 2*claymcas wasn't doing that. well for the past 8 yrs he has been unless he did actually pay it and he needs to show he paid it 3*Why pay a con artist for bilking you? what con artist? He has a judgement against him. He waited 8 yrs upon knowing he had a judgement against him. Now he is whining that he's only got 5 days to pay up. If he paid he needs to come up with proof it was indeed paid. If not he does still owe it
5 days? You haven't read his other thread and don't have all the input concerning the case. this is obvious from your comments regarding this thread. Read every thing that's been posted about it then come back and post something that makes sense. PS:~ it's quit clear that you're speaking off the top of your hat due to not being fully informed as to what is really going on here. Reading only this thread is not giving you a clear picture of the situation. Please read the full story before making further misguided comments. The OP needs help in resolving the problem not condemnation from someone who has heard only part of the story. THE END ** *** ** LB 59
5 days? I did read that thread and if you read the post dated 7/31/03 on it stating his g/f sent a validation letter along with a SETTLEMENT offer then one would assume she owes it, right? What is the purpose of sending a settlement offer if she in fact doesn't owe it and it's supposedly bogus? Sounds fishy to me. If you don't owe it and paid it you should have proof you paid it PERIOD...you shouldn't be sending settlement letters and paying for something you don't owe.
Re: Re: Re: Demand payment in 5 days? Okay, I am not going to beat around the bush here! I am going to assume that the Franklin County Courthouse referred to in the previous thread is in Kansas - yes? First thing you/GF needs to do is retain a competent lawyer in oder to see what steps are required to get the garnishment overturned,nullified! Try starting your search here: http://www.naca.net/db.php3 Next, you should succinctly outline the situation/problem and file a complaint with the State Attorney General's office: http://www.accesskansas.org/ksag/ You should also call this number, 785/368-8480, which is listed on the AG's website as the number to call concerning Fair Debt Collection Practices. Next, if you refer to the Kansas state statutes under the Uniform Commercial Code you will see that without a written contract, then the CA is not legally entitled to charge or collect interest other than what was specified in the original the on judgement unless the CA has a signed, written agreement with your GF: 60-520 60-520 Chapter 60.--PROCEDURE, CIVIL Article 5.--LIMITATIONS OF ACTIONS 60-520. Part payment or acknowledgment of liability. (a) Effect. In any case founded on contract, when any part of the principal or interest shall have been paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same, shall have been made, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise; but such acknowledgment or promise must be in writing, signed by the party to be charged thereby. Also, I am not sure if this next passage could be applied to a judgement, the UCC also inposes some additional limitations which appear to have been ignored by the attorney in question: Chapter 84.--UNIFORM COMMERCIAL CODE PART 7.--REMEDIES Part 1.--GENERAL PROVISIONSAND DEFINITIONS Article 3.--NEGOTIABLE INSTRUMENTS 84-3-118. Statute of limitations. (a) Except as provided in subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date. (b) Except as provided in subsection (d) or (e), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within six years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of 10 years. (c) Except as provided in subsection (d), an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within three years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first. (d) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check or traveler's check must be commenced within three years after demand for payment is made to the acceptor or issuer, as the case may be. (e) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within six years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the six-year period begins when a demand for payment is in effect and the due date has passed. (f) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced (1) within six years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time, or (2) within six years after the date of the acceptance if the obligation of the acceptor is payable on demand. (g) Unless governed by other law regarding claims for indemnity or contribution, an action (1) for conversion of an instrument, for money had and received, or like action based on conversion, (2) for breach of warranty, or (3) to enforce an obligation, duty or right arising under this article and not governed by this section must be commenced within three years after the cause of action accrues. History: L. 1991, ch. 296, § 18; Feb. 1, 1992. Finally, if you have an indication on a credit report that the judgement has been satisfied, then you need to raise heaven and earth to find the legal instrument that reports this. With that document, you can have a lawyer not only petition for the garnishment to stop, you also have ground to file suit against the CA/Lawyer who has misrepresented their claims in a court of law - the penalties for which allow for civil fines, censure of offending parties, and maybe even criminal liability depending on the monetary limits in Kansas! Michael
Re: Re: Re: Demand payment in 5 days? Thanks for the info but. The franklin county i am refering to is in Columbus, OH. So I am pretty sure the info is going to be different. Also to iambroke. It is not a matter of ignoring the debt. My GF credit is excellent. scores of 720,720,and 700. The latter score is the report with the judgement that shows SATISIFIED. When the incident first happenedshe was young and upset at the insurance co. After finding out that after a car is totaled you are only given the market value of the car which usually does not cover the loan on the car. So ask before you begin to assume someone is doing something wrong. Also the only thing available at the court house is the court docket. All other records were destroyed because of the age of the judgement. Anyway the previous info , in the post before this one, would be helpful . But please refer to Columbus, OH. Thanks a bunch.
Re: Re: Re: Re: Demand payment in 5 days? In that case, other than the legal statutes I reffered to you can still follow the rest of what I posted. Also, here is a Adobe document on wage garnishment in Ohio (you will need Adobe reader to view document): http://www.oslsa.org/OSLSA/PublicWeb/Library/Documents/1036686929.73/garnis.pdf Michael
Re: Re: Re: Re: Demand payment in 5 days? Here is what claymca is up against which is a far cry from ignoring. Finally, if you have an indication on a credit report that the judgement has been satisfied, then you need to raise heaven and earth to find the legal instrument that reports this. With that document, you can have a lawyer not only petition for the garnishment to stop, you also have ground to file suit against the CA/Lawyer who has misrepresented their claims in a court of law - the penalties for which allow for civil fines, censure of offending parties, and maybe even criminal liability
Re: Re: Re: Demand payment in 5 days? You still haven't answered my question. If she doesn't owe it then why would you send a settlement letter to the attorney? Don't pay anything you don't owe. Also, when she paid it she should have gotten a satisfaction of it being paid. You don't mention you have that either.
Re: Re: Re: Re: Demand payment in 5 days? 1*Also to iambroke. It is not a matter of ignoring the debt. 2*The latter score is the report with the judgement that shows SATISIFIED. 3*So ask before you begin to assume someone is doing something wrong. 4*Also the only thing available at the court house is the court docket. All other records were destroyed because of the age of the judgment claymca --------------------------------------------------- -------------------1*That's what I told him but he'd rather spout off about his emotional hang up rather than properly seeing the facts and responding accordingly. 2*Ok so what more proof do you or iambroke want that the CAs claim is bogus and the lawyer is working a scam here? 3*Same thing i told him but it went in one ear and out the other better luck to you on your suggestion to him about it. 4*Like I said before If you can't get a copy of the judgment at the courthouse then what the attorney has is a fake. Why should anyone pay a fake judgment.?????????????????????????? THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Re: Re: Re: Demand payment in 5 days? 1*Also to iambroke. It is not a matter of ignoring the debt. 2*The latter score is the report with the judgement that shows SATISIFIED. 3*So ask before you begin to assume someone is doing something wrong. 4*Also the only thing available at the court house is the court docket. All other records were destroyed because of the age of the judgment claymca --------------------------------------------------- -------------------1*That's what I told him but he'd rather spout off about his emotional hang up rather than properly seeing the facts and responding accordingly. 2*Ok so what more proof do you or iambroke want that the CAs claim is bogus and the lawyer is working a scam here? 3*Same thing i told him but it went in one ear and out the other better luck to you on your suggestion to him about it. 4*Like I said before If you can't get a copy of the judgment at the courthouse then what the attorney has is a fake. Why should anyone pay a fake judgment.?????????????????????????? THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Re: Re: Re: Re: Demand payment in 5 days? Seems odd they would get rid of a judgement only 8 yrs old when the SOL is 21 years? Also, sounds like the jugement (original) one is not bogus but when it was paid by said g/f there is no proof of payment? Or has a "satisfaction of judgement" been recorded? I think if you had proof of payment then the attorney wouldn't be so quick to try and collect on it. As for "emotional" aspect of a judgement being ignored is not emotion, but fact. If you don't pay it then it's NOT paid....if you pay it you get proof of payment when payment is made. That is the right financial thing to do as it may come back and bite you in the butt later on as it is now. Also, why send a settlement letter to a collecting attorney when it's NOT owed according to everyone here? And, so you're saying a credit report stating "satisfied" is the same thing as a letter from the courts (legal document) stating "satisfaction of judgement?" That be the case then everyone who has "satisfied" on one credit report can get all 3 to state that without a legal document showing payment?
