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Hello!

I just want to make sure this Law Offices of Curtis O Barnes are within my rights. Please note: they are on www.budhibbs.com listed as "Worst Agencies" and states with hundreds of comments not to sent them any money. However, my wages have been garnished.

I have been contact by this agency since 2006. They called the workplace many times and would wait on the phoneline, asked for my supervisor (note: I am the manager). Unfortunately, I do not have record of this.

I received a letter from my employer on March 12, 2007 stating a wage garnishment has been issued on Feb. 12, 2007. I called to obtain information and they stated they did not need to provide that information since a judgement had already been issued. I went to the courthouse where the judgement was filed and copied all documents. There was a proof of service stating I was served for the court hearing at my work. However, I never received the documents at work, therefore I was never made aware of a court hearing. They might have just left it at the front desk. I reviewed the court papers and found this was from a credit card in 1997 and this agency, Law Offices of Curtis O Barnes, a debt collector in Santa Ana, Ca. purchased the debt from Citibank.

This credit card debt is valid for the amount of $3116.85. I tried to contact Citibank credit card directly to make a payment directly but they said the debt was already sent to collections. My question is since they have already issued a judgement against me, do I still have to pay the full amount since the Statute of limitations have passed on the original creditor, Citibank Credit Card? I tried to negotiate over the phone payment but they said they can't do any negotiations since a judgement has already been issued. They sent a letter to me stating if I send them full payment of $4900.00 by March 30, 2007, they will issue a stop request to my wages being garnished.

They stopped contacting my workplace since I sent them a letter to cease contact. They have still called my cellphone confirming payment will be received by the end of the month.

I reviewed all the court records and the Citibank credit card showed a charge off date: 7/10/2002 for $3116.85.

Bill of sale from Citibank to the law firm is: 7/14/04

Certificate of Assignment to law firm signed on: 3/02/06

They filed a complaint against me on: 9/16/05

There was a court hearing on: 2/14/2006 where it states: unable to get defendent served at current address. (They had an invalid address on file).

Description of case: Collections

Writ of Execution (Money Judgement) issued against me on: 3/09/06 for the amount of: $4503.56

My employer received Earnings Withholding Order on: 2/12/07.

Please note: I have never received any summons to appear in court as they did not have my correct address on file. I was not aware of any of these actions until I received the notice for my wage garnishment last week. I requested all copies of all paperwork of this case from the courthouse where it was filed. I would like to pay any judgement immediately to avoid wage garnishments, however, I want to make sure my rights have not been violated. Any suggestions would be greatly appreciated.

Desperately Need Your Help! I'd appreciate any feedback on this.

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Did you check the courthouse records?

Check the court papers for an affidavit of service. On there, the server is supposed to document whom they served. Was it you? Was it a coworker? If there is not one in with the case file, you may have grounds to file a motion to vacate.

Secondly, you may really want to contact a lawyer, as there could be other ways to get this thrown out.

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