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Had wages garnished, and now collector wants more money


SteveC
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Daniel's Law office is a bill collector, I believe. I owed beneficial 4,000 or so. S of L ran out in NH I'm sure. Beneficial stated they no longer had my account, therefore, Daniel's Law Office was not their attorney. Finally, they took me to court. The judge gave the order to have my wages garnished, and they have been until this month. Not a week after the last payment came out of my wages, Daniel's law office is writing to me to get $2000.00 in fees. Can they do that? I already paid what the court ordered. Although they are attorneys, they are acting as a collection agency. They are not the creditor or the creditor's attorney. How can they do this? Is this legal?

[Edit by SteveC on Sunday, February 16, 2003 @ 11:15 PM]

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The fees are probably interest from the judgment. You would have to check on your state, but most allow a percentage to accrue until paid in full. As a whole, I would go all of the way back to square 1 and start over. Did they buy the debt? Were they allowed to collect? Did they have legal standing in court? Were you served properly? Research the whole thing. See if they violated you in any way. Check your state's laws as to judgments. Have them prove they can collect this $2000.00. Study this site to see if someone else had this problem, or a form of.

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I reread this morning and noticed something. When you mentioned the SOL had expired, did you mean the original SOL, or the SOL for the judgment? If, for the original, I would try to find the dates and verify this. If true, I would see what can be done about a possible

"illegal" judgment. If it involves the judgment, you need to read it and make sure everything is being done correctly. Be sure to check your state's laws as to collections and judgments.

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I would definetly do some research, usually when you have your paycheck garnished it lists the total amount owed-including fees, attorney fee's etc... On the original paperwork. I am a restaurant manager and have received numerous garnishment paperwork for employees for differant reasons. The fee's that they claim you owe is 50% of the original amount-that looks wrong!!

What state do you live in?

[Edit by Candy on Thursday, February 20, 2003 @ 01:54 PM]

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Retmar's raised the same issue I was pondering!

If the Judgment was stale, you need to make sure that they had proper standing in the court to renew it in the first place. You could argue both.

They could enforce collection on it, but should have been "barred by laches" in bringing about the original cause of action or any renewal. Check your state's Statute of Limitation or "Laches".

As an assignee, if they did have standing then you'd have to attack their proof of service to you as a last straw.

The courts don't automatically preclude CA's or Assignees from bringing forth actions even though they can be by barred by statute.

If the suit was barred by laches then any judge should have observed this and denied the renewal. Hmmmmm.

You have to raise any issues and argue them, which I think is stupid since the courts could lighten their own loads on the frontlines if they paid attention to these technicalities more. I've said for a long-time that the courts should establish some type of criteria to qualify judgment renewals and initial causes of action at the time of filing. Just like any civil case.

If all is true, I'd be curious as to the procedure to unwind this whole thing based on a mistake or inadvertance of...(the court?)(the defendant/garnishee?). Mmmmmm. Keep us posted! Never had to deal with vacating a satisified judgment. New one for me!

More research is definitely required on your part though. Keep on surfin' away.

Cheers!

[Edit by IronMan on Saturday, February 22, 2003 @ 05:39 PM]

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Please see this post for a little background (scroll down to 2:30AM):

http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=18&thread=3437

Coupled with a heavy dose of digging in and educating myself on these matters. I still have lots to learn though, which makes it the work all the more fun.

Thanks for the kind words :D

[Edit by IronMan on Sunday, February 23, 2003 @ 02:37 AM]

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