hi, this is for my girlfriend so i dont have all facts but help me ask the right questions and handle this right: have this mitchell kay calling my job daily wanting money from a credit card i paid off many years ago. It is either 7 or 10 years ago i did this! I cannot find cancelled check but i did pay this. Now they want all kinds of interest charges. They say they have a judgement against me and have already taken out of my pay at last job (sherrif?) but i switched jobs. i pulled credit reports and this judgement is nowhere ! how could they take my pay and no judgement on file. How do i stop phone calls at work? help!
Send them a validation letter with a limited cease and desist (do not contact me by phone, only in writing). If they do, in fact, have a judgment, get a copy of it while you're waiting for the reply. Make sure you were properly served, that they conformed with the law, etc. If they didn't, file for the judgment to be vacated.
where could i get a sample of this ceist & desist letter and what do i say to this guy when he calls daily? She was never served.. the way we found out was the mitchell kay letter which we ignored since she paid it. Thanks kevin
Just send them the validation letter, and somewhere in it say something like "I will conduct no further business regarding this matter by telephone. I am asking that you cease all telephonic communications immediately and correspond only in writing." Make it in your own words, but something like that.
If they've taken something from your pay, they have some sort of judgment. You need to get all the information about this. Somewhere in the file they are going to show some kind of service. You need to find out how they served you. In some states they can mail to last known address or something. But you need to get copies of everything from the court so you know how to proceed. You're probably going to have to go to court and ask that the judgment be vacated. To do that, you're going to have to know how and when this was served, anything else that may be used to vacate the judgment.
I dealt with these idiots several years ago very briefly. They are just a collection agency and be very careful as they have forged documents to make it look like they really did sue or get a judgment against you. They contacted me back in 2000 regarding an AMEX CO from 1985 and claimed to have a judgment from 1987, sent very realistic looking court docs. Never on my credit report and I called court and they had no such case. Basically I ignored them after that and they went quietly into the night. If I knew then what I know now, I would have sued them.
I mean could all this be bogus as far as a judgement? It is nowhere on her credit report and she doesnt want to 'stir the pot' and have it appear. But something is fishy here. No docket number anywhere but the sherrif is taking 10% of her pay so wouldnt they verify it ? Is there a way to verify this without having it appear on cr? Or should we be agressive and try to find out all about it and vacate the judgement since she was not served? What is the law in New York about being served? And lastly what do we say to them when they call her job to stop the harassment. They harass her saying they will get another income execution on her new job. Can they get this with bogus info shown to sherrif? thanks kevin
Am I the only one who finds it curious that a supposed Judgement Creditor would waste their time calling the debtor at work instead of just serving an Income Execution on the employer? Sounds to me like there IS no Judgement except in someone's wet dreams. If I were the OP the next time they call I would ask for a copy of the Judgement as well as the Court location and Docket Number, then verify it with the Court. If the Judgement is bogus you have solid grounds to sue under FDCPA.
Re: Re: ca calling my job constantly Sue, hell! How happy do you think the local sheriff would be to learn that they were used to enforce a forged judgement? I don't think the local court or prosecutor would be too happy either. You need to make sure that the judgement is forged, and if so, turn the sheriff, judge and prosecutor loose on their ass. You can sue them after the legal system has had their way with them.
Re: Re: ca calling my job constantl I agree. I didn't really think about the calling when they could go after salary. I thought they were giving her a chance to not have a garnishment, since she'd probably just change jobs again. But the bogus judgment angle is interesting. If it truly is forged, I agree that I'd sic the sheriff on them. But I would stop there. I'd notify the FBI. This probably involves several states, so is a federal crime. Let the big boys get after them. And they can go after them for actions in multiple jurisdictions. I don't even know if I'd wait for all that to die down before I sued. Get your judgment against them while they still have something to get.
Re: Re: ca calling my job constantl My question is what does this mitchell kay place have to show to the sherrif to get him to take 10% of her pay. We have this income execution notice.. dated may 23 from this mitchell kay... but they were taking the 10% months before this! This income execution notice looks all official with an amount, court name, county, date but no docket #. We are totally confused! How could sherrif accept this as a legitimate debt and judgement and garnish her wages without proof of the actual judgement paper? How could this not show up on any credit report of hers ever for last 10 years including one pulled yesterday? I actually had a judgement which has been satisfied and it is on my reports from the days right after i settled. Point being the courts do not seem to be lax around here about reporting. Thanks for all advice. Kevin
Re: Re: ca calling my job constantl to verify a judgment, you would normally contact the court that entered the judgement. in some states, you can do this online. I believe you said you were in New York? Check out their website here: http://www.nycourts.gov/home.htm New York State Unified Court System Office of Court Administration 25 Beaver Street New York, NY 10004 1-800-COURTNY / 1-800-268-7869
