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When the CA wont call you?! (Judgement/Payback)


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I am again trying to help my friend, and he has a judgement against him by a lawfirm/CA representing CapOne of about $3500. They siezed all of his bank accounts, netting a total of about $750 from his accounts. We would like to settle this so he can open up a bank account again and clear up his report (he is trying to go for a federal job, and they want his credit clean). So we have tried to call this CA every day for the last 2 months, with little success. When we DO get someone (once a week, if lucky), they say we need to talk to the person in charge of his account, who of course is not there, requiring us to leave VM. At this point, I would like to just send a certified letter somehow attached to a check for the difference to 55% of the judgement, as a settlement. I figgure when they have a check in hand they are more likely to pay attention. But I don't know how to word the letter so that they cannot cash the check and come back for more...any thoughts?

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That would be called doing an accord and sasisfacation or restriceted endorsement. Though your smart to think that this would help, it might not be allowed in your state. Tell me the state and I will tell you if you can do it or not. If you can, I can tell you what letter you need to send before you send the check.

Being its for the purpose of a job, you don't want to just send off the check and hope all goes right. You will need to get them to send in a sastified letter to the court as well. That is the only way to get it done right.

Was your friend served a summons to appear in court?

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We are in NY. He was never summoned, they claimed they could not get proper service, so they informed a neighbor. We went to the courthouse, and they said that it was probably proper service, and even if it wasn't, he would be reserved. The debt is valid (its credit card), but he lost his job in the bubble...so he would like to just settle this and get it over with...at one point the CA did offer 75% settlement...so I know they are willing to move...

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Read up on this here http://www.carreonandassociates.com/4settle.htm

Some collection agencies will agree to settle with you for far less than you owe and then turn around and hire another collection agency to collect the difference. However, in many states this is illegal. Once a creditor deposits or cashes a full payment check, even if she strikes out the words payment in full or writes "I don't agree" on the check, she can't come after you for the balance. The states in which this law is enforced:

Arkansas Colorado

Kansas Connecticut

Louisiana Georgia

Maine Michigan

Nebraska New Jersey

North Carolina Oregon

Pennsylvania Texas

Utah Vermont

Virginia Washington


Some states have modified this rule. In the following states, if a creditor cashes a full payment check and explicitly retains his right to sue you by writing "under protest or without prejudice" with his endorsement, then he can come after you for the balance. But those exact words must be used. If he writes "without recourse," communicates with you separately, notifies you verbally or writes on the check that it is partial payment, it is not enough.

Alabama Delaware

Massachusetts Minnesota

Missouri New Hampshire

New York Ohio

Rhode Island South Carolina

South Dakota West Virginia


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Have you tried calling and asking for their legal department ?? That may get someone's attention.

Your friend needs to get a copy of the case file. The clerk telling him that service "probably" was proper is bullhockey. In the case file there will be a proof of service form and that will tell when, how, where, and to whom the summons was served. It it was NOT proper, he can move to have the judgment vacated based on improper service.

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When he calls, or you call, don't call from a home line, use a business or pay phone, maybe a cell phone. Try blocking your number by using *67 and then dial the number.

Here ya go, try and see if these work.

Upton, Cohen & Slamowitz

485 Underhill Blvd.

Syosset, NY 11791

David A. Cohen, Partner

Phone Number: (516) 364-6006

Additional Phone Numbers:

(516) 364-3431

Fax Number: (516) 364-3431

(800) 293-6006



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First thing first .......... DOCUMENT EVERYTHING when dealign with these morons! THe gentleman that I was delaing with dropped dead last year, and this firm "misplaced" everything! Needless to say they got a judgment against me last year (November) and we are still in court over this....I was never served ,etc. The best part.......they were PAID as agreed in June of last year, yup, before the judgment! Now they have gone as far as to say I am guilty of fraud, and have manufactured emails, credit reports, etc!

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Might I make an added suggestion? Send in a dispute on the judgement...it won't make the judgement obligations go away, but judgements are wicked easy to get removed from a credit report, because the CRA's have to get verification from the county that had the court who issued the judgement...and they couldn't care less what your credit is like, so they just ignore the requests for verification more often than not.

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Tried that. Their phone system is great, I have to insert my last 4 digits of the phone i am calling from or its straight to voice mail...if you can get it to answer. I am on with 516-364-3431 now, and its rung over 20 times, no answer...great service.

Well, how do they get new business then? Can you call from a company phone that may want to hire them to get money for them?

"HI, this is <make up a name>, my boss asked me to call, he was referred to your company by his golf buddy. He said <name of guy you are trying to call> is the best in the business, does he still work there? "

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