I'm fairly new to this board, but I have done alot of reading and research. Can anyone help me? I've been contacted again by a lawyer for a judgement that up until last year when they garnished my bank account I didn't know about. To make a long story short, I was divorced in 1993, all accounts were paid off, through the title company when our house sold, including this one to Montgomery Wards. The title company doesn't have copies of anything over 7 years old and neither do I. I successfully had this removed from my credit report years ago, it didn't state judgement then, just re-aged with the first number changed from our joint account to a seperate one for me. I proved then that it was paid off and they took it off. Up until last year, when this all happened, I hadn't pulled any CR's as I paid cash for everything. Since then I have found alot of ugly things on my CR. MY QUESTION IS: I was never served with any court papers, they state that supposedly they served a former roommate with them. He is nowhere to be found, all I know is that he moved to California. And when they said they served me, I was living at my parents home. Can I send them a validation letter? they have stated repeatly, never by any certified letter, that they have no paperwork to back this up. I have 21 days to respond to this letter or the attorney is threatning to garnish again. He wants front and back copies of the check from the title company to prove payment. What was fully paid off account is now about $3000.00 with all the fees and interest they have added. If it helps, this was paid off in 1993, date of last activity 1993, judgement in 1996. Thank you in advance for any help, sorry this is so long. It is really scary starting out on this whole process.
A validation letter won't work for a judgment. All they have to prove is, they have a court order to collect. You need tp get the file from the court that granted the judgment and see if state law regarding proper service was followed.
Can you get something in writing from the OC that they have no record of the account now and that they have deleted it from their records? If so, that should also go to the court - maybe you can have the judgement vacated. Can the attorney provide proof that it's an "unpaid judgement". Why are they coming after this money Now? It's been almost 10 years. Is there an SOL for judgements in your state? Does this guy actually represent the OC in any capacity? You might want to forward this info to the OC - maybe they've never heard of the attorney. You might send a letter stating that 21 days is not enough time to find records of payment, judgement status etc. You could also check with the county clerk to see if the judgement has been satisfied or still shows as unpaid. There are CAs (and lawyers) out there that simply check records and make arrangements with OCs to collect. Sounds to me like this guy doesn't know what he's doing, though, and it smells very fishy.
Re: Help please....judgement, valid First, thank you all for answering so quickly. I'll get a copy of the judgement. Any ideas where I can find the laws about correct service of papers? I can't get a copy of payoff from the title company, they only keep their records for 7 years, it's been 10 years and 3 months since everything got paid off. Also, I'm in Oregon, the SOL for everything here is 6 years and the judgement is renewable for another 10 years after the 1st 10 years. The orginal creditor was Montgomery Wards. They are out of business and the company that took over has no records of me even existing. Although the lawyer is collecting for them. Thanks again.
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. First off I would calm down and not be worried yet. It will take time for them to garnish your bank accounts. Umm I know this may not sound honest but I would pull all money out of your bank accounts today. Sounds like this attorney is not all that honest (are any of them?) Are your checks auto deposited? Hopefully not. I found a trick that works. Get a family member who has an account at another bank to cash your checks for you, through their account. They may not have to deposit them if they have enough in their account to cover the check(s) if it/they bounce. So atleast you can protect your cash for the time being. Your money trail can be partially covered up as well if you do have big paychecks they could garnish. Do a search on "process service" or server though Google, your states statutes website or this board. Your state government can give you the URL and most do have their statutes online. You will find your answer there. Good luck. Robert 'Bad creditors are like parasites, but parasites have a conscience'
Re: Help please....judgement, valid Thanks everyone. There are no copies of the checks, the divorce decree stated that the house had to be sold and all debts paid off through the title company. They do not have copies of the checks as this all happened over 10 years ago, and they only keep copies for 7 years. I will head to the courthouse today, any thoughts, do I just waltz up there (hard to waltz with 2 sm. kids in tow) and ask to look at the file. And what am I looking for besides how I was served. Any ideas are welcome. boy, you sure get alot more responses on this board. Thanks so much, it is TRULY appreciated.
Re: Help please....judgement, valid QUEEN_BEE,breeze,Burbs Guy,keepmine,xhardcOrex, Thank you, thank you!!!! What a great day when people really try to help out the little people like me.
Re: Help please....judgement, valid Call the courthouse to see what you need to do in order to look at your file. Save yourself some time just in case they have a weird procedure. And speaking of little people...i'm a 5'7" tall man. WATCH IT. Being vertically challenged and male is not a cool thing. Rob
Re: Help please....judgement, valid Thanks, I will do that. I come from a vertically challenged family, I am the amazon at 5'6" and my husband is the giant, he's got at least 10" on all of them.
Re: Help please....judgement, valid Also, I'm in Oregon, the SOL for everything here is 6 years and the judgment is renewable for another 10 years after the 1st 10 years. ma_bear911 =================== This absolutely preposterous. How can a paid judgment be renewed?
Re: Help please....judgement, valid They do not have copies of the checks as this all happened over 10 years ago, and they only keep copies for 7 years. ma_bear911 ======================= Do you know why this is so???
Re: Help please....judgement, valid Yep, you can just waltz in there, kids in tow. Matter of fact, it will probably make the clerk want to help you. Judgments in OR are good for 10 years, renewable for 10. I think you might want to consult a good attorney. This may get tricky, and in the end, you may have a lawsuit against whoever sold this account after it was paid.
Re: Help please....judgement, valid I am pretty sure that you can ask for validation from anyone who is collecting for an account for any reason. Also, since they can't prove that you owe the money, you may be able to get the judgement vacated, but only if your state law allows it and you are within the time limits to do so. Find out your rules of court where you were sued. You may be able to get their execution and the judgement vacated.. make sure that you search the for any mistakes in the papers. There are other reasons to get a judgement vacated. In my state you can come back years later and get one vacated. IN some states you only have a limited amount of time. If the creditor is no longer in business it may be really easy. If they will allow a motion to vacate, go to your local office supply store and get yourself an Order Vacating judgment form. In reality if you werent served in person, then you did not recieve "Good Servcie". On these grounds alone, you have the possibility of reopening the judgement on the grounds that you never knew of the suit. This is when collector will have to "prove without a doubt that you owe the money". No default judgemnt here...
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 mabear, Is the judgement valid? Is there any reason to vacate or are whe talking about a valid judgement? 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...
Re: Help please....judgement, valid Everyone trying to help: The judgement is not valid, when we divorced the judge ordered that all accounts be paid in full when our house sold. All payoffs, including this one from Montgomery Wards were paid off from the proceeds of the sale through a title company. Montgomery Wards is now out of business, they have been for years. I don't know how they got the judgement, I haven't been able to go to the courthouse yet. I will be able to go tomorrow morning. Supposedly, Wards got the judgement, this lawyer is handling for the company that took over in the Wards bankruptcy. The title company told me that by law, they are only required to keep copies of checks paid out for 7 years. They have tried to be helpful. Does anyone think that a friend of the family who works there and had some involvement in this sale from the side of the title company, if it would be helpful if she signed a sworn statement to the judge that this was all paid off from the proceeds of the sale that it might help. Last question that has me wondering, this lawyer is obviously acting as a CA, since he is, can I request validation to take to a judge to vacate, as they have repeately stated they have no proof, besides the judgement? Thanks all
