Re: Help please....judgement, valid I've been contacted again by a lawyer for a judgment He wants front and back copies of the check. ma_bear911 So is this lawyer saying that you never paid the creditor or is he saying you never paid the judgment? LB 59
Re: Help please....judgement, valid lbrown59, He is saying that I never paid the OC. By the way, if the SOL, in Oregon for everything is 6 years for everything, how can they do this. since the date of last activity, was 1993. Or, do they go by the date fo the judgement (1996) and they are good for 10 years, renewable for another 10 years? Any ideas?
Re: Help please....judgement, valid Did you figure out if it is too late to vacate the judgement? If you can vacate the judgement for not being served then this would be your out. It is highly unlikely that the attorney will show up to a new trial.. You can still ask for validation of the debt, but this does not get rid of a defualt judgement. You really need to take care of getting the judgement vacated.
Re: Help please....judgement, valid If you paid a judgement off and a collector is coming after you for the amount owed, it would be in your best interest to track that check down... godaddyo ========================= ma_bear91 Says the OC aka Wards was paid off. Is ma_bear911 required to pay the judgment to in addition to wards???
Re: Help please....judgement, valid godaddyo, Calling the court right now to find out if it's to late. Thanks.
Re: Help please....judgement, valid It would be in your best interest to track that check down... godaddyo ========================= Wards and the Title Co.aren't required to keep account records over 7 Yrs. & neither is the consumer ie ma_bear911. This alone proves there is no debt.
Re: Help please....judgement, valid All, Called the court, they are ordering the record out of archives. It won't be available until tomorrow afternoon. The clerk stated that "it was a good service" to my last known address. How is this considered a "good service" when I wasn't the one served, I wasn't even living there? That the only way to get this taken care of was to show the lawyer proof of payoff and request the lawyer to show a satisfied judgement. Why in the h*ll would I want to show "satisfied" for the judgement when I already paid this years ago!! I want my money back that they garnished from my account. The clerk also stated that it is renewable for another 10 years. I feel like this is going to haunt me forever. They (the lawyer) have put it back on my CR, yeah, just one more thing to deal with. What if I can't get any proof that it was paid off? Any answers from anyone about having that friend of the family write a signed statement to the judge about this having been paid from the proceeds of the house? Thanks everyone, you all have been really helpful.
Re: Help please....judgement, valid You wouldn't happen to still have the closing papers from when you sold the house, do you? Your HUD-1 (closing statement) should show all debts that were paid out of the proceeds from the sale. That might work as proof that Monkey Wards was paid in full.
Re: Help please....judgement, valid herauntsis, No, but what a GREAT idea, I could probably still order them. Thank you, thank you, on and on.
Re: Help please....judgement, valid By the way, if the SOL, in Oregon for everything is 6 years for everything, 1* how can they do this. since the date of last activity, was 1993. 2* Or, do they go by the date of the judgment (1996) ma_bear911 =================== 1*By allowing debts past SOL to be heard in court.A serious loop hole in SOL laws and a major defect in judgment proceedings. 2*No 1993 starts the sol. LB 59
Re: Help please....judgement, valid lbrown59, I might be wrong, is this collectible? They did get a judgement within the SOL. But, is the amount they're claiming collectible since the SOL passed before they collected anything? How does the 10 years for the judgement play into this?
Re: Help please....judgement, valid I believe the SOL has to do with how long they have to collect the debt without a judgement. Once they have a judgement, that SOL no longer applies. Then you are dealing with the SOL for the judgement, and I think somebody already said that in Oregon the judgement can be renewed every 10 years.
Re: Help please....judgement, valid 1*I might be wrong, is this collectible? They did get a judgement within the SOL. 2*is the amount they're claiming collectible since the SOL passed before they collected anything? 3*How does the 10 years for the judgement play into this? ma_bear911 ============ =========== ======== 1*Not if paid 2*Yes if it hasn't al ready been paid. 3*It can be renewed in 2006 and again in 2016.unless paid. LB 59
Re: Help please....judgement, valid Thanks everyone, gotta go for awhile to get some stuff done, will be checking in later.
Re: Help please....judgement, valid 1*it didn't state judgment then, just changed from our joint account to a separate one for me. 2*last year when they garnished my bank account I didn't know about. I have 21 days to respond to this letter or the attorney is threatening to garnish again ma_bear911 ============== 1 *Why was this change made on the account. Why are they going after you only and not the other account holder also? How do you know the other account holder hasn't been sued and they are collecting from both of you?Thus getting double paid! 2*Garnish again! Why did they ever stop garnishing? LB 59
Re: Help please....judgement, valid 1*That the only way to get this taken care of was to show the lawyer proof of payoff 2*I want my money back that they garnished from my account. 3*What if I can't get any proof that it was paid off? ma_bear911 ================== 1* this demand is totally unreasonable. 2* how much was that ? What was the orginal amount that the Title co. paid to wards?? 3* You don't have to prove anything about the account just like wards and the title company don't. LB 59
Re: Help please....judgement, valid Just because they said it was GOOD SERVICE, doesnt mean it was good service. It is disputable if your state allows it withing a certain time frame..
Re: Help please....judgement, valid << Someone has GOT to have a copy of your payoff somewhere. HOW did you pay them off? By cash, credit card, money order or check? There must be a record somewhere and **you must look for it. xhardc0rex **I disagree- he isn't required to prove anything.
Re: Help please....judgement, valid 1*That the only way to get this taken care of was to show the lawyer proof of payoff 2*I want my money back that they garnished from my account. 3*What if I can't get any proof that it was paid off? ma_bear911 ================== 1* this demand is totally unreasonable. 2* how much was that ? What was the orginal amount that the Title co. paid to wards?? 3* You don't have to prove anything about the account just like wards and the title company don't. _## How is it that I don't have to prove anything ? The court clerk said that if I don't prove that it was paid off, then I'm responsible to prove that it was orginally paid in full. The orginal amount was something like $300-$650. The lawyer took out $203.13 from my business checking account. If I don't have to prove anything, am I reading the statement correct? Then it won't stop them from garnishing my bank accounts. And can they garnish my personal account if the only money put in that is from my husbands job? ____________________________________________________ 1 *Why was this change made on the account. Why are they going after you only and not the other account holder also? How do you know the other account holder hasn't been sued and they are collecting from both of you?Thus getting double paid! 2*Garnish again! Why did they ever stop garnishing? LB 59 ###They aren't going after my ex because they changed the first number on the account and consider the joint account paid off. They consider him to be the regular number account and the wife (me) to be the second account with the first number changed. Don't ask me how, I don't know why they did this to our joint account. My only guess, is that when we closed the account during the seperation, this somehow changed, as we informed them we were closing the account because we were divorcing and didn't want any more charges on it then the divorce papers specified. ##I think they stopped garnishing because I quit putting money into that account and changed banks.__________________________________________________ Just because they said it was GOOD SERVICE, doesnt mean it was good service. It is disputable if your state allows it withing a certain time frame.. GoDaddyo ### They said it is still within the time frame that I can have the judgement vacated. But the clerk stated that since they left it with someone who said he was my roommate, they consider it good service and that they also mailed a copy to my last known address. That "constitutes good service". __________________________________________________ << Someone has GOT to have a copy of your payoff somewhere. HOW did you pay them off? By cash, credit card, money order or check? There must be a record somewhere and **you must look for it. xhardc0rex **I disagree- he isn't required to prove anything. ### Monkey Wards was paid through the title company by check. Our divorce decree specified that all listed debt be paid through the title company. No funds were dispersed until all the debts were paid from the proceeds of the house. _______________________________________________ Any ideas, if it would work about having a family friend, who does and did work for the title company at the time, having her notorize a statement to the court that this was paid? Thanks everyone. ___
