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Help! Judgement Problems..


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Hi everyone,

I could use a little help. A lawyer ( Kramer & Frank P.C.) has been awarded a judgment against me. I didn't show for court (stupid! I know).

This is a very old credit card debt. Anyways, this lawyer is very SCARY. She is relentless... She garnished my accounts. So, I made arangements in Dec. to pay $250 a month until March. I told her that, MAYBE, I could settle with her then with my tax return. However, I didn't know how much I was getting back. I didn't put this in writing, but it was recorded by them. However, I had to give my return to my Mortgage payment. Now, they have sent me a letter on the last day in March. It states that I have failed to make the required payments and that they will pursue any legal action allowed by their client. I plan to call her tomorrow to try to make a settlement offer. She keeps saying that she needs the balance in full TODAY!

Well that is just impossible. Since they have a judgement, can I still offer a settlement. The letter does say that they are representing a client. This tells me that I can offer a settlement at any time. I have already given them 1000 up front plus another 1000 in payments. My debt remaining is $4200.

What can I do to get this woman off my back. She is rude and MEAN. She keeps telling me that she can't take payments. I didn't think that was possible...

I would really appreciate some advise on how to handle this.

Thanks!!!!

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Calm down take a deep breath. You need to find out if they actually were awarded a judgment against you by going down to the county clerks office. I would not pay them another dime, if in fact they do have a judgment. I would write them a cease and desist letter to stop all the harassment. If they fail to do so, you can sue them for violating your FDCPA rights. I would communicate with them in writing only from now on.

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ALSO...

They will take more legal action? In what form? Are they going to get a judgment on a judgment? (Can't do that by the way...)

The ONLY thing this witch can do is garnish your wages, seize your bank account and put a lien on your house. She already went to your bank.... and you would be better off with a garnishment because that - at least - max's out what you pay at 35% of your check....instead of the full contents of your bank account. A lien on a house will only sit and collect dust until the house is sold so they can get old while you live in the house 8-)

One last thing to remember.....The FDCPA tells a CA what THEIR behavior must be....not YOURS. You NEVER are required to talk to them.

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I agree with everyone else but I am confused as to whether or not you received a judgment? :confused: You really need to check the court records on this before proceeding forward. Also, you indicated that you never gave the "witch" anything in writing regarding payment, as you live in Missouri, it is one of the states in which the SOL is reset "ONLY WITH A WRITTEN PROMISE TO PAY"! 8-) You might also check on the SOL on this debt as well. :rolleyes: Everyone else is giving you sound advice as I would only communicate with this person by letter. :ah:ah:ah:

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