Jump to content

PLEASE HELP ME !


SteveC
 Share

Recommended Posts

February 7th was the last payment made to a bill collector on a debt (that most likely the sol ran out on). The judge ordered payment for $4,788.04. On Feb 6, the bill collector is writing stating I still have a balance due of $2,038.12. The letter they send me stated the following: Placement AMT. $4153.04; aTTORNEY'S fEE: 0 ; dEBITS 0:0 Charges 497.85; Pre-Judgement Interest 372.65; Post-Judgement Interest 1, 802.62 Total debits = 6,826.16. Payments to client 0; Payments to collector-4,788.04; payments to corresponding attorney 0; misc credits - 0. Total credits 4,788. and they say balance due is 2,038.00. They say in forwarding payment please state the name of our client and make checks payable to Daniels Law offices, P.C. However, I called beneficial and they do not have a file on me at all. On the letterhead they state that "We are debt collectors". I have no idea why they want another 2,000. My debt with Beneficial was 4,000. I feel like they are pretending to be Beneficials attorney, however, they are a legal firm that specializes in collections and they are debt collectors. Can they do this? I thought this nightmare was finally over!

Link to comment
Share on other sites

My wages were garnished by a judgement. That was last year. The last payment was taken out of my paycheck on the 7th. No sooner did that happen and now the bill collector is writing saying that I still owe 2000. The court ganished my wages for 4600 and during the past year that was paid. If I still owe $2000. why was that amount not taken out of my wages? Can they make me pay more than what the judgment was for? They are also stating that they Represent Beneficial and stated that they are the attorney for beneficial, yet when I went to the beneficial office, they stated that they they did not have a record on me and that I didn't exist. ????

Link to comment
Share on other sites

Totally agree with retmar.

Something stinks here.

I once had a garnishment and the legal fees, by law, had to be included.

Out of curiosity, check the name of the collecting agency and/or so called law firm to make sure they are licensed in your state to operate.

Then check with an attorney as retmar advised.

Link to comment
Share on other sites

If you've satisfied the judgment, then that's it! Fees, etc should have been prayed for by them on the initial action. If it's the CA that's requesting this, tell them KMA or F-off, whichever you deem appropriate. Besides, they're not the party of interest in the matter anyway and you have no obligation to them. Send them a Cease and Desist letter with the fact that judgment was satisfied. Also make sure you have documentation to show that this was satisfied because I'm sure you will see this crap again.

You don't owe 2000.00. They're full of bull puckey. Tell them to send you the proof if they want. Also make sure to state that if they resell, attempt further collection, or allow this debt to be reported to any CRA, that you will file civil action in your Superior Court for violations of FCRA, FDCPA, and State Laws (if your state has credit laws). Emphasize the point that this matter was satisified and it would be in their interest to let it lie.

This matter is over with from a legal standpoint. The collector should go pound some sand.

Cheers!

[Edit by IronMan on Wednesday, February 19, 2003 @ 12:16 PM]

Link to comment
Share on other sites

I agree with ironman, but, would still seek counsel. My only reason is that just in case they do have a legal right, you don't need any more hassle. For instance, a friend of mine had a judgment which he didn't pay for two years. It did not involve collections. When he went to pay the court (other party's location unknown), court made him pay all accrued interest before they would sign off. He was never told this before. I will add that many years ago I had a judgment that went to garnishement and upon completion, it was done. So, this is why I think something is wrong, even though a little confusing. So, I guess my question would be: Is a judgment for collections handled different than other small claims?

Why not call the court house and ask them. Give them your case number and see what they can tell you before you seek counsel.

Link to comment
Share on other sites

I doubt they have any legal right. But I'm talking from California perpsective. :cool:

Besides if it's the CA they have no real interest in the action anyway since Beneficial is the OC. The judgment was satisfied. Their fight's with Beneficial not you.

Calling the courthouse will get you noplace since the clerks are prohibited from dispensing legal advice. All they can do is assist you with forms and filing.

Go to lawguru.com and post your question there. I'm sure somebody will answer somehow or go to local courthouse and ask a civil attorney for 5 mins of his/her time and pay them $20.00 cash or buy him/her lunch for their trouble. Show up at courthouse at around 11:30AM and hang out in the lobby. Ask around for one who can advise on credit/collection matter for 5 mins.

Cheers!

[Edit by IronMan on Thursday, February 20, 2003 @ 12:54 AM]

Link to comment
Share on other sites

I really like your last post, Ironman. As to the court house, I was thinking they could tell him what is on his judgment since they don't give you all of the info when you ask for it. That was how my friend found out about the interest. It was the lady at the window. She had brought the case up on screen and there it was. By the way, I'm in SoCal.

Link to comment
Share on other sites

Thank you all for your help. This bill has been outstanding for 10 years. The judge ordered I pay legal fees and what I owed. The lawyer asked for $5400 and the judge made a judgement for $4600. What I owed was $4100. Now, the debt collector states that I am accruing interest at 24%. I don't even know what I am accruing interest on - I paid off the bill, so they are saying that I am accruing 24% interest on the interest! Just seems crazy to me. Just when I thought I could breath - here they come again. I will not give it up without a fight. At least now I have the energy to talk to these assholes.

Thanks all.

Link to comment
Share on other sites

You should check your state's code of civil procedure and look under "post judgment proceedings". This should tell you whether a judgment creditor can add post-judgment interest or other costs. Or, if that's too much hassle, just write them a letter asking for an accounting of all amounts allegedly due, and a citation to the legal authority they contends permits them to collect it.

Good luck.

Link to comment
Share on other sites

Sounds like maybe the judge totalled in REASONABLE attorney fees and court costs above the actual $4100 debt.

Yeah, what CALawyer :notsure: said up there. That 24% sounds too excessive! OUCH! :boggle:

Cheers!

[Edit by IronMan on Saturday, February 22, 2003 @ 04:39 AM]

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.