I had a lawyer, owed him about $1500. Didn't pay him, and he took me to court. He got a judgement against me. This fell off my report in June. He has been sending me invoices, adding interest to them. It is about $3000 now. I have been ignoring him completely, since crummy lawyers are at the bottom of the list of people that I want to give my money to. Can he go back to court to try to get a judgement against me again, since I now technically owe him more than I did when he took me to court 7 years ago? I would really hate to see that show back up on my report after finally having it fall off!
Judgments accure interest according to the laws of your state. They are also valid for a specific period of time and then, can be renewed. Once the 7 years is up on your credit report, it should fall off but, could still be valid.
Sure ANYONE can TRY to sue ANYONE else...however winning is what counts. There is no way he could not win since he already got a judgement against you for the original debt, and you have paid that off (long ago it seems). I would send a validation letter to him and if he continues to try and collect, I would sue him for violations of the FDCPA. Just read KeepMine's statement and I was under the impression the Judgement was paid long ago since it fell off the report. If the judgement was not paid then interest could accrue. But I don't think he needs to sue you again. He can get the money other ways. -Peace, Dave
Actually, no I have not paid the original debt... So, from what I understand, he can keep suing me forever, and renewing the judgement if he wants. Doesn't matter how long ago it was. No wonder there are so many jokes about lawyers at the bottom of the sea...
It's not that he can sue you forever... he's already sued you. He can only sue you once for this debt. He has a judgment on that debt and interest will keep accruing until you pay, until someone buys the debt, until you declare bk, until you settle with him (lump sum) for a partial amount. Until then, he will just keep sending you bills with interest. He will NOT sue you again for this debt... but if he doesn't renew the judgment it could become, in essence... too old to collect on. He sounds like he's on top of this and will renew. I am surprised that he's not garnishing your wages unless you're in a state that doesn't allow it. As for the fdcpa, I believe lawyers are immune unless their main activity is collecting debts. If he's a normal lawyer who just didn't get paid, then I believe he's immune from the fdcpa.
That is true Marie, he would in essence be collecting as an OC not a 3rd party collector. I see the atty was hired, not that he is collecting on anothers debt. I mis-read the entire post. I also don't think he has to sue for the interest, he can automatically accrue a certain amount and tack it on. He may be doing just that because where else can you get such an attractive interest on your money and have the state enforce the issue? I am suprised he is not garnishing your wages or bank accounts also. How old is the judgement? Also how were you served notice? -Peace, Dave
That's it screw over your finances then whine bitch and moan because they dont' get any money! Clever aren't they???
Well, aren't you full of p*** and vinegar! NOT THAT IT IS YOUR BUSINESS - but I never said I was not going to pay them. I said they were at the end of the list. In the last few years, I have paid off several thousand dollars of debt, and only have a few thousand more to go. I am paying off things that are past the SOL because I feel it is the right thing to do. AND I did this while a single mother, going through a divorce from a child molester, paying for more legal fees, therapy and everything else, as well as starting my own business. Walk a mile in my shoes buddy, and then you can judge me. I am not proud of my credit mistakes, but I am very proud of the steps I have taken to get my life back on track. SHAME on you!
Tee hee. Actually, doubling the amout due over that long time period isn't bad. Try defaulting on a credit card. I can't believe how much those balances have grown over the last 4 years. It is like watching a petri dish with bacteria in it. Since he alrady has a judgement, then he is holding most of the cards right now. You sound like you are pretty smart, so there are somethings you can do. I'd do a couple of things... (1) Bone up on your state/local garnishment laws. In case he decides to act on the judgement and garnish wages, accounts, etc, know your rights and the limits. You can't trust them to keep within the law. (2) Investigate his lawsuit to see if you can get it vacated. It may be too late now, but if he muffed up on the process, you might get the judgement overturned, which means he has to sue you again. (3) Learn what the interest in judgements is on your state. Make sure he is following the law. (4) Pray that he fails to renew the judgement when it expires. In California, a judgement can be renewed for pretty much your adult working life. Also a word about garnishments. Self employment is not as garnishment difficult as you think. A friend of mind is self employed hair cutter and a single mom. She was struggling after her divorce. She was sued over some ridicoulously small amount by a landlord and the plaintiff won a judgement. Then the plaintiff had the sheriff's collection department send a deputy to her salon for a "till take". This is where the armed deputy sat in her salon all day and took all the cash the customers paid her. And to add insult to injury, she also had to pay the deputy's salary for doing this. She was so humiluted that she filed for BK later that week (For a $2000 debt!). The original answer is correct. You can not be resued for interest. State law dictates what interest is being charged on your judgement. Good luck.
