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Order For Default Judgment Filed After Debt Paid Off


kidrio
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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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If you have all sufficient paperwork as to the agreements made, then go to the courthouse where the Default was granted and file a Motion To Vacate. I'm not sure if it will work, but, file a Judgment against them to get your money back. About the only violations you may be able to file on in this incident is if they cashed the checks not in compliance with the law. You may be able to include FDCPA 807 & 808 if you read each one and find some errors in the way this was handled. Let this sit another day and see what the others have to say.

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