I owed money to Richâ??s. They turned me over to this collection agency/law firm. I set up payment arrangements with them. I never spoke to any lawyer, just to some guy who worked for them. Then I get this â??Notice of Trialâ? in the mail from this office (this happened about two years ago). I send back a certified letter to the courts (and its hard to remember exactly what I sent because itâ??s been so long) to the effect that I was already making regular scheduled payments to this agency (and I do have the green card from this but not the actual letter. Would the courts keep this letter?) Then, I call the law firm and ask them why there was a trial when I am paying? He basically makes me believe that I have to pay the full amount NOT to go to trial. I come up with the 800 bucks because I donâ??t want this to go to trial, right. Stupid me, Iâ??m pretty sure I sent a money order (of which I donâ??t have the receipt from) in August 2001 for the whole amount. And I sent a money order because I wanted this to be processed as quickly as possible because the trial date was for Aug 23, 2001, and I thought a check would take longer to clear. I called up the representative that I had been talking to, after I had sent the money, and I asked him specifically what about the trial. HE TOLD ME I DIDNâ??T HAVE TO GO since they had the money. He acted like it would be no big deal that it would be taken care of. I recently got a surprise on my credit reportâ??this judgment against me. I went to the court house and pulled these records. It awards this law firm and states that I failed to appear. I was told that I did not have to go by one of their representatives. I would also like to state that more than once I asked to speak to an actual lawyer and this never happened. One of the times I asked to speak to a real lawyer I was put on hold and no one ever picked up the phone. Now what I do have is a letter from this law firm dated August 28, 2001 saying that I paided the balance off and that I owe $0. My court date was on August 23, 2001. Logically would one assume that I paid before Aug 23 if this letter was typed on the 28th only 5 days later?? I called up this law firm and asked when my payment was processed on and she told me Aug 29th. I said â??but thatâ??s when it cleared the bank, not when you received it, how long do things take to be processed,â? she said one to two weeks! So they could have purposefully or uncaringly held on to my money order till after the 23rd??! I realize now that they always had every intention of seeking a judgment against me EVEN THOUGH I was starting to make scheduled payments. Another thing. When I talked to this flunky at the law firm recently she told me I could not have a print out of all the payments I had made. I know this is a lie. Isnâ??t this a violation of one of the acts? Lastly I would also like to say that on my records form the court house it says that it was satisfied in March 2002, seven months after I actually paid it. Can they get in trouble for this? I am thinking of getting a lawyer for this one; or maybe asking legal advice from those attorneys online that donâ??t charge as muchâ?¦All I know is that this is not right and I was lied to. Any advice will be much appreciated. Does this sound at all like I have a case? Thanks.
If you want it gone fro a credit report~~"NOT MINE" If you want to persue it in court...SMALL CLAIMS COURT should work... GET ALL YOUR DUCKS IN A ROW AND YOUR PAPER TRAIL (or as much as you can find)
Problem is, you just have very little hard evidence. Also, you have a 1 year SOL for any FDCPA violations and a 2 year SOL for FCRA violations. Your best bet will be as George suggested and try and get it off your reports.
You could try to vacate the judgement on the grounds that it was settled before trial and that the law firm inadvertently forgot to ask for a dismissal. The law firm shouldn't object to a motion to vactate the judgement.
. I was told that I did not have to go by one of their representatives. ElorraM ================ Bet you learned one thing from this. Never believe the other side! THE END ** *** ** LB 59 """""""""```~~~```'""""""""" Stress Test http://webpages.charter.net/hkirtley/stress/01.htm
The law firm inadvertently forgot to ask for a dismissal cannoda ------------------------- You mean intentionally forgot don't you? They set him up to scam him plain and simple. THE END ** *** ** LB 59 """""""""```~~~```'""""""""" Stress Test http://webpages.charter.net/hkirtley/stress/01.htm
Re: Re: Judgment AFTER I paid. Have a Case? Yes. They must be served with a copy of the motion. If they don't object, the copurt will vacate the judgment.
Re: Re: Judgment AFTER I paid. Have a Case? How do I go about getting a judgment vacated? Or could you point me to where I can look this up? I thought about contacting this law firm/collection agency, but I highly doubt they will listen to me...
Re: Re: Judgment AFTER I paid. Have a Case? 1*I would also like to state that more than once I asked to speak to an actual lawyer and this never happened. One of the times I asked to speak to a real lawyer I was put on hold and no one ever picked up the phone. 3*Now what I do have is a letter from this law firm dated August 28, 2001 saying that I paided the balance off and that I owe $0. My court date was on August 23, 2001. 5*??! I realize now that they always had every intention of seeking a judgment against me EVEN THOUGH I was starting to make scheduled payments. 7* ElorraM ======================= 1*What real lawyers? 3*So if you paid it and owed nothing why did they sue you and how did they get a judgment for 0 dollars?? 5*They scamed you plain and simple. 7* THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
