help re: can a ca sue..

Discussion in 'Credit Talk' started by tnobles, Dec 15, 2002.

  1. uniondiva

    uniondiva Well-Known Member

    Re: update

    they may have included court costs and atty fees when they got the judgment. I would check and see what they court judgment says.... that is what she has to pay,... nothing more... if she is going to pay it quickly, see if they will work with her to vacate the judgment immediately so her reports don't take the hit!
     
  2. keepmine

    keepmine Well-Known Member

    Re: update

    Your friend is doing the right thing in making payment arrangements. She has no damages. She needs to try and pay this and then see if they'll vacate the judgment.
     
  3. tnobles

    tnobles Well-Known Member

    Re: update

    the judgment was rendered for $566 that included court costs, now they are saying they found another account.
     
  4. LKH

    LKH Well-Known Member

    Re: update

    They found another acct? Good let them send the proper paperwork and then you can make them validate it. You need pay nothing more than the judgment amount.
     
  5. uniondiva

    uniondiva Well-Known Member

    Re: update

    I am bumping this, hoping someone will respond to my question... is this violation enough for a lawsuit. I would do small claims probably, collection agency is local and would probably show up.
     
  6. fla-tan

    fla-tan Well-Known Member

    Re: update

    T

    It doesn't matter that they have found another account, the judgement is only enforcable on those debts that were covered under the judgement. If they want to have that additional debt included in the judgement, then they would need to (re)file for that debt as well. If they try to force Vicki(?) to pay the entire amount it may enable you to vacate the judgement.


    fla-tan
     
  7. tnobles

    tnobles Well-Known Member

    Re: update

    Hi Fla! I know, they are just being real jerks. The reason they won was because the FDCPA was not brought up at all. I do not know if it would have helped though. The judge and the lady from the ca were talking and laughing like they were best friends. There was a case just before Vicki's that was similar scenario (the guy was a cop) the judge just continued the case. He said insurance should have paid judge said we will continue until you can check w/the ins. co. Vicki said same thing, I had ins. it was poaid by them and since I have received nothing regarding these debts I had no reason to beleive otherwise. Judge said 'well they have your address on it. I have to render judgment, since i have no reason to believe you DID NOT recieve them.'
     

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