After a judgment against us, we have a credit card debt that we were paying faithfully for 2 years. This was $150 per month. We sent payments from 1998-2000. In October of 2000, I was going to make a phone payment to the credit card company, only to find out that our payments were to now go to a lawyer's office. No one had ever notified us of this change. I then called the lawyer's office to find out the "scoop" on this matter and was told that this was true. They then sent us a letter that said we owed over $8,000 when there should have been a balance of maybe $3,000? I told them that we wouldn't send another payment because we didn't agree with this amount. They were supposed to check on this and get back to us. We never heard another word from them until July of this year! We were told that we could go back to paying $150 per month on a balance of over $8,000 or we could settle for approximately $3,600. My question is, if our account was bought out my another credit card company, why weren't we notified of this? Why didn't we hear anything from this lawyer for over 2 years? They didn't respond to our question in January of 2001, nor did they take any other action. I'm really confused by all of this. I got in an argument with the gal from this office. She was quite rude, and she eventually hung up on me and said she couldn't deal with me as I kept asking her why she didn't get back to us like she was supposed to. I sent a letter to the office, and they responded about a month later. She called and told us our options, and I told her that we don't agree with this amount and that we wanted something that shows what's been added such as interest, lawyers fees, etc. Where have these people been for over 2 years? They totally ignore these questions I ask them, and they are now waiting for us to respond to paying over $8,000 at $150 per month or settling for this $3,600. I keep saying that I feel that they are at fault, and we shouldn't have to pay for their mistakes, but I can't seem to get through to them. They never notified us that payments had been switched to their office, and because of a lack of communication with this credit card company; they sent us a letter with a wrong amount. We obviously don't want to pay over $8,000, but we can't afford to pay $3,600 in one lump sum. After faithfully sending in payments for 2 years, why would we quit unless there was a problem? Any words of wisdom?
Was the judgment for a certain amount? Did it say interest could be added? At what rate? I'd go to an attorney and see what you can do. You may have to go back to the court that issued the judgment if they have violated the terms of the judgment (charged you extra interest, etc). But consult with an attorney first and see what your options are.
Yes, I know they can charge the interest, but my point is that they are charging for the two years that we didn't pay, too. The only reason that we quit sending the payment is because we didn't agree with the letter that they sent us in January of 2001. I thought if we sent the payment, then that would mean that we agreed. They were supposed to correct this and never did. Now, two years later, they contact us and get mad when we question what they were supposed to do but DIDN'T. Plus, they never notified us that payments would switch to their office. Our original letter stated that payments would be sent to the credit card company, and we would receive monthly statements. With no notice, payments get switched to their office and statements from the credit card company quit coming. Are we supposed to be psychic and just know that all of this stuff is happening or is this just typical of these places?
Did you go to court or did they get a default judgment? Is the 3000 the amount you owed before judgment? Have you seen a copy of it? It doesn't sound like it was sold to another credit card company, rather a lawyer is collecting on the judgment. When they were supposed to check on it and you didn't hear back for two years, did you attempt any contact by letter to follow up? What was their response? You need to get a copy of of the judgment to see how much they were awarded to begin with.
A lawyer is collecting, but now it's either Chase or Citi that has bought the account so this same lawyer is working for them. The papers were filed in court in 1997 I believe, but we then agreed on a monthly payment and didn't go to court; and that's when we started paying $150 per month and did so from 1998 thru 2000. The original amount was for over $5,000. Shouldn't the lawyers office have contacted us regarding the fact that the account was being purchased by someone else. I just don't know where everyone has been for the last two years. They told us in 2001 that they'll get back to us with the correct amount due, but it takes them until July 2003 to do so? Something just doesn't seem right here. Does anyone know if it's possible to negotiate to pay the $3,600 in maybe 6 months instead of having to pay over $8,000 at $150 per month which will take several years? I have to contact the lawyer's office with our decision and want to know if this is something that I can even mention or will they totally "flip out" and just tell us to forget it and that they'll see us in court. This is just so confusing to me.
Re: Re: Who is at fault? 1*we then agreed on a monthly payment and didn't go to court; and that's when we started paying $150 per month and did so from 1998 thru 2000. 2* Shouldn't the lawyers office have contacted us regarding the fact that the account was being purchased by someone else. iluvmykids | ~~~~~~~~~~~~~~~~~~~ 1*Do you still have a copy of the agreement? 2*Are you sure the account was sold? How do you know it was? Even if it was sold that would not alter the agreement. **************************** THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
Re: Re: Who is at fault? Yes, I do have the original letter from the lawyer's office when the $150/month payments were set up. The lady in the lawyer's office told us that our account was sold.
Yes, I realize that we probably either have to pay the $3,600 as a settlement or else pay over $8,000 at the $150/month. Does anyone know if the $3,600 could be negotiated to be paid over 6 months or if it's a settlement like this can't that part of it be negotiated.
1*Yes, I do have the original letter from the lawyer's office when the $150/month payments were set up. 2*The lady in the lawyer's office told us that our account was sold. 3*We agreed on a monthly payment and didn't go to court I luv my kids ===================== 1*For how many months? 2*The new owner is still bound to the agreement. Just because the account changed hands that does not void the agreement. 3*If it never got into court then there cannot be a judgment! THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""''' PS: Better get on down to the court and get all the paperwork from them about the judgment.
So even though we were served with papers, it's not considered a judgment because we set something up without having to go to court? The lady in the lawyer's office said that it's noted on our JUDGMENT that interest would accrue, etc. It would only have been a judgment if we had gone to court? Isn't it just settled in the creditor's favor since we chose not to go and still considered a judgment? See, I don't understand all of this stuff. However, we agreed to pay $150/month on the $5,000 something dollars and did so for two years. I just want to know if we can negotiate the $3,600 or if this is just totally not an option for us.
Sounds like they got a DEFAULT judgment against you. You had set something up, and they went in without you (after you were served) and won. Nobody can tell you if they will negotiate with you, they don't have to. I would go to the courthouse and get a copy of all the papers and see if there really is or isn't one, before I did anything else.
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. iluvmykids ================== 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 END ** *** ** LB 59 """"```--~~~~~~~~~--```'""''' PS: CREDITNET | Straight Talk | | Payment agreement - judgment legal? http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=373025#post373025 THE END ** *** ** LB 59 """"```--~~~~~~~~~--```'""'''
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.
Re: Who is at fault? iluvmykids | 6 posts since Sep 2003 64.12.96.107 | 09.13.2003 @ 16:49 So even though we were served with papers, it's not considered a judgment because we set something up without having to go to court? The lady in the lawyer's office said that it's noted on our JUDGMENT that interest would accrue, etc. It would only have been a judgment if we had gone to court? Isn't it just settled in the creditor's favor since we chose not to go and still considered a judgment? See, I don't understand all of this stuff. However, we agreed to pay $150/month on the $5,000 something dollars and did so for two years. I just want to know if we can negotiate the $3,600 or if this is just totally not an option for us. =========== What happened is they slipped in behind your back and got a default judgment after the agreement was made. It is a judgment. THE END ** *** ** LB 59 PS New Member Must Reads.--------------------------- http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=350770#post350770 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=314910#post314910 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=352826#post352826 Sample letters http://consumers.creditnet.com/straighttalk/board/index.php?s= WhyChats statute of limitations http://community-2.webtv.net/Y-chat/WhyChatsCredit/ http://community-2.webtv.net/Y-chat/WhyChatsCredit/ statute of limitations http://www.edebtnetwork.com/content/collection_laws.asp
You contacted the lawyer *AFTER* you were served, correct? You were served with a legal process notice, then you negotiated. Yes, the ETHICAL thing would have been for the lawyer to notify the court that the matter has been previously resolved. However, the legal process was already started, and YOU needed to show up on the day of the hearing to defend yourself from the judgement. --- RULE #1: If you are served, EVEN IF YOU HAVE WORKED EVERYTHING OUT, and EVEN IF YOU HAVE A SIGNED SEALED AND DELIVERED LETTER FROM THE PLAINTIFF THAT THEY ARE STOPPING THE HEARING... You still need to show up... Otherwise, if you don't, the court will be able to rule against you, and you will have a judgement against you. This is for the same reason as you never talk to a CA on the phone, even if they put in writing that the matter is resolved, unless they cancel it with the court, it is still pending, and the case can be ruled against you by the court. In some places the plaintiff doesn't even need to show up to get the default judgement, they just need to file and wait for YOU to not show up. If you show up and they don't, the case is dismissed, if you don't show up, YOU LOSE.
Re: Re: Who is at fault? This is a good example of why default judgments need to be done away with.To many defendants are getting unjustly screwed by them.
