i was sued, not served properly/at all by a collection "attorney" (Palisades) in 2008. didnt know all this "stuff" then so now have a default judgment. the attorneys who sued me origianlly-i have not paid and will not-have sold this to other bottom feed...i mean attorneys offices, one didn't contact me and the other that is now "interested" in me has sent me a letter dated april 17th. need to get something out to them, registered mail, etc asap. since this file/debt/acct already has a judgment filed in my county what kind of lettter do i send? please be specific. real specific please. just a validation letter also mentioniing the case/county etc too? cease and desist mentioning case/judgment? from what i understand they cannot sue me again for this..is this estoppel-civil form of double jeopardy? please let me know anything you can and thanks in advance.
They don't need to sue you again. They have a judgment against you. With that judgment they can possibly garnish your bank accounts and/or your salary, depending on your state's laws. This is not the time to play games like validation or cease and desist. They don't have to validate anything. The court gave them a judgment, and that's all they need. Even if you tell them to cease and desist, they basically have a court order to make you pay. If I were you I'd consult a consumer attorney in your area to see if you have any recourse.
they haven't made me pay in 2 yrs+ and they won't. i live in texas. no wages no bank acct. why would you say i am playing games? i only want to let them know this will be a waste of time for them. it ain't gonna happen. can't afford an attorney in my area or i would've taken care of this when they served me improperly 2+yrs ago. so no letter examples or ideas?
If that's what you want to tell them, just tell them. There are no examples or ideas for this scenario because the time to be able to do anything has LONG since passed. The most I think you'd be able to do at this point is possibly negotiate a payment schedule, but once the judgment is on the books, you're pretty much screwed (barring some gross procedural error that you could argue on appeal).
sorry but i just dont think anyone is getting this "scenario". this was origianlly a credit card debt that i had to default on years ago-cc limit was $500 judgement was for 1100. when the original creditor charged it off they sold it and a big collection agency bought it and hoisted it off on one of its many low life firms. they are the ones that sued me 2+yrs ago and a default judgment was signed. i didnt show up because they were underhanded and never served me and i was uneducated/naive. then i learned alot of things but it was too late and like most of us didn't have the funds to correct the problem. i am not asking to do anything about this judgment. that is plain and simple. i am asking should i send some kind of letter to this most recent so called firm, as they still say i have 30 days and that they are collecting on a debt. they are just a collection agency. since judgments can be bought and sold and i am in texas..no assets no bank acct no wages. do i just sit on this or some form of communication called for? and if so what? specifically?
Judgments in most states can stay on the books for 20 years or more, and can often be renewed. It doesn't matter if a collection agency is collecting on the judgment--the judgment is on the books and will be for a while. Do you plan on not having a job or a bank account for the rest of your life? You keep saying you weren't properly served. How do you know? Have you checked the court records to see what the service was? In some states, the can publish a notice in the newspaper--and it doesn't even have to be a major paper. So you need to know your state laws and also what the service documents filed with the court say.
of course i have. per the court they said they personally served me at my home on my birthday no less, at 2:19 in the afternoon when she was down for her nap. i was home at that time every day from 7-5, taking care of my infant granddaughter. didnt do a thing on my birthday. was home all day. and no i will probably not work again. and i have my financial affiars taken care of. believe it or not you can operate in this world without a bank acct, credit cards etc. it makes your life so easy. and i haven't just fallen off the turnip truck. i did check all the newspapers in my area for a space of time and no notice appeared. but as i said above, they reported to the court that they served me personally. thats how i know. unfortunately in my state they do not have to report how the person looked etc, to further prove that they served notice. in my state judgments can stay on the books 10 yrs with a renewal after that time. and yes per my statement above i am aware of the time concerning this judgment. it has made my life different but not impossible. all people assume that everyone wants cars diamonds over priced housing. thats not me anyway. how do you know i don't own those things already, paid in full, and am happy thankful with what i have? bad things happen to good people and our government has helped to allow these bottom feeders to keep selling and trying to profit off of these debts. some people truly cannot, at times in their lives, pay their bills. even if they are not over their heads in debt. not everyone is. so if everyone is through being sarcastic and patronizing, would anyone out there tell me politely what, if any, my next step would be? don't think there is much i can do really. tell them there is already a judgment i have no assets they can get in my state, no bank acct they can plunder no wages to garnish. or just leave it alone and see if i need to show up in court. or some kind of communication.
