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Discussion in 'Credit Talk' started by iluvmykids, Sep 17, 2003.
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1*I guess my main question is was it legal for them to file this judgment when we had the payment arrangement,
2*and I had the letter saying that no legal action if we didn't default.
3*As I said earlier, we didn't default and paid faithfully for two years.
4*We've been dragging our feet,
5*now they have filed a garnishment on our checking account.
1*Yes it was because you quit making the payments before it was paid off.
2*But you did default when you stopped making the payments.
3*How do you figure not continuing to make the payments isn't defaulting?
4*Foodt dragging don't pay does it?
5*Better get all the money out of the account and close it or they will keep it drained.
I have a suggestion that will help you getter responses on your problem.
Keep all your post about this topic in your original thread so that the members don't have to keep jumping all over the board to keep up with your situation.
The payment arrangement was set up in January 1999, and he filed the judgment in February of 1999. Our first payment was set up for January of 1999 which we paid, and he noted that the payment was received right in his payment arrangement letter. How did we default. His letter of January 1999 says no further legal action will be taken against you unless you default. How could we default when we had just started paying according to the arrangement?
That's not when you defaulted.
You defaulted when you quit paying in 2000.
This is why you are in hot water with them now.
So then a judgment isn't considered to be legal action and can be filed at any time whether you're under a payment agreement or not and whether you are paying or not? I could see the judgment being filed when we defaulted on our payments in 2001 but not two years earlier when we were just starting the payments. I guess I have lots to learn about the legal system.