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Help Still Being Sued After Debt Paid Off


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I am writing from Florida. My husband had an old credit card and was served a Summons. He immediaely called collection lawyers~Zakheim and Associates, and worked out a settlement plan consisting of 4 post dated checks cashed weekly in the amount of $500.00 each. The gentleman on the phone said he would inform the local attorney to cancel the small claims date and sent a Stipulation for Settlement which was signed and sent back. All checks were cashed a debt was paid off on 7/16. Yesterday we received an Order of Default and Default Judgment for this case. Apparently the local counsel was not informed of the settlement. My question is besides filing an order to vacate judgment with Judge, can I sue Zakheim for damages?

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Do you have a copy of the settlement? beter get one, along with the cancelled checks.

Then send the local lawyer a letter telling him to vacate the judgment poste haste or you will sue him. Tell him he needs to do it 20 days or you'll go to the grievance committee.

A small claims judgment usually needs to be converted to have real teeth, so you might not be damaged, unless the atty tries to take your property or it shows up in a credit report. I would just work on getting it vacated.

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Thank you so much for your reply. I have spent hours pouring over these posts and find that Sherman Acquisitions (who is the CA in this case) has caused a lot of people problems. Found out through research that they are NOT registered in Florida as required (don't know if that is actionable). Would it be in my best interest to file the Motion myself or go to the attorney first and ask him to file? Also, in requesting the court papers from the civil clerk, is there a form that should be included that has a signature by us showing we received the paper work? All there is is a statement from the process server.

Thanks again for any help

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no, the affidavit of service filed by the process server is enough. Florida will not do anything to a CA who is not licensed in the state. I have had those conversations.

But, if they sued you in florida and are not authorized to do business in the state, you may have them for sanctions. You might want to tell the lawyer that, since use of the courts are relegated to residents and state authorized business entities.

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