judgment was filed 2004. judgment is still unpaid. i am getting letters from collection agency attempting to collect money after a judgment. its a law firm cohen and slamowitz llp. they are not the plaintiff named in judgment. in the letter they put names of the the creditor and the original creditor can they do that? what letter do i send? debt verification letter? other letter?
Unfortunately, once the judgment goes through, debt validation is far too late and they will not respond to it. Where you served? If not, pull your court docket to see how they "proved" you were served. If you see a copy of the certified mailing, track the number provided to see if you indeed signed for it. What state are you in? Your state has certain rules as to what determines proper service in your area. Was the debt within the statute of limitations? You only hope is to file a motion to get the judgment vacated, but you'll need solid evidence to back up the reason in order to get the judge to set it aside.
I'm afraid its a little late for those games. The debt is already validated by the court in the form of a judgment so they would only send you a copy of the judgment as validation and that would be perfectly acceptable. You will have to take much more advanced steps to even have a chance to hold them at bay. You need to be watching for violations of FDCPA and if you can come up with any take them to federal court for those violations. You also need to get any money out of local banks and don't let any money get into any local account. If you have any local accounts I would keep them open but with never more than $5 or $10 in them. Just enough to keep them open and pay any costs of keeping them open that might accrue month to month. You also need to become familiar with your state laws on judgments and garnishments so you know what has to be protected.
