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Judgement against me for the same account I was paying


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Collection agency called me a couple of weeks ago to inform me that they had a judgement on me and were about to garnish my salary. When I checked the account number the guy gave me, it was the same account I was paying to another collection agency.

I told the man that I was already paying down the debt, but he told me they owned the account and was being scammed by the other collection agency. Unfortunately, the other collection agency closed up while I still had $1100 left to pay. I was paying them $100 per month steadily until Jan 2010, when they did not debit my account after I paid online.

I called the collection agency, but their phones were disconnected and when I sent them an e-mail, it was returned undeliverable. I figured I would wait until someone got in touch with me on the matter.

This new agency checked out my credit report on Jan 10, 2011 and then called me Jan 11, 2011 to give me the news of the judgement. They gave me an index number. When I went down to the court to check it out I saw they had filed the papers in March of 2006. I had been in touch with the other collection agency since July of 2006. They filed court papers against me in Dec 2006. I went to court and settled, agreeing to make payments.

This recent collector, informed me that they had served me properly. I never heard of them until Jan 11, 2011. I filed a vacate order and went to court on Jan 27, 2011. Due to the snowstorm, the case was postponed until Feb.

The next day I got their affirmation. In it, was the copy of the summons. They claimed they served me, but they served the papers at my old address, which I had not been dwelling there for 3 years. I moved out around 2003.

They claimed a Mr. Philips said I lived there.

When I spoke with the guy from the collection agency, he said they had a hard time finding me after 5 years, yet my new address, which was my old family address, had been on file for years. The first collection agency found me in July of 2006 at my new address.

The bottom line is, I have paid most of this debt. $1100 remains. Where do I go from here?

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You will have to fight the new judgement. Your evidence will be the previous judgement you are already paying on, if I understood you right, and the cancelled checks that you have been paying toward the judgement. You argument could be Estoppel. You relied on the first judgement. And Res Judicata, this issue has already been resolved.

Google those affirmative defenses and make them part of your judgement reversal.

Good Luck

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request a Motion to vacate Default Judgment.

In that request, show proof that you were paying to the other company, they should reverse the judgement.

new credit has to show proof he owns the debt.

You have to go to the court house and what they did to get a judgment on you, if you were paying on time you should be able to get it reversed.

The send a letter to the District Attorney and FTC explaining the details that you have been a victum of FRAUD and send the name of the company that got a judement against you.

Act fast, go to the court house find out how long ago they got a judgement on you.

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Thank you for your quick response. I filed a motion to vacate a couple of weeks ago. The case was pushed ahead to Feb due to the bad weather here.

The creditor pursuing me now filed a judgement against me in June 2006.

I was contactedf by the creditor I was paying in July 2006. At the time, I was not working. They sued me and I was called to court in Dec 2006. I got a job by then and agreed in court to pay the bill.

I was paying the bill steadily since then until early last year when the collection firm disappeared. I have all of my reciepts, including an itemized reciept I received that shows the date I began the payments, how much and the last date I paid.

When I spoke to them on Jan 11, 2011. I asked for proof of the debt. The gentleman representing them refused. He said go to the court and view the index number. He said the other collection agency stole their account and that I should never have paid them. He said, "They stole your money and you have to sue them for it. In the meantie, you owe us $10,000 including interest at 9% over the past 5 years.

What I found strange was how they served their court papers to my old address 3 years after I had moved back to my present address. The creditor I was paying contacted me at my present address in July of 2006.

My credit report clearly has both of those addresess listed. Why didn't this creditor simply go to both addresses?

My guess is that they stuck with the first address in order to obtain their judgement.

Now, the thing that has me concerned is this: If they filed first, do they have the legal right to force me to pay? Their papers are marked March 2006, while the creditor I was paying was marked Dec 2006. The fact is I never knew of the first lawsuit at all. If anything, they should sue my former creditor for the money that was collected.

After that, what about the outstanding balance of $1100?

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Guest usctrojanalum

You have a very unique situation and I do not know how I would handle it. I'm concerned that the other company just up and vanished.

This new company, have they filed opposition to your order to show cause? A lot of the times they will just consent to the relief being requested because in NY a vacated judgment just means the case starts over and the defendant files an answer.

At your next Court date, bring copies of your canceled checks and any correspondence that you have had with the old company.

When the facts become more clear, I'd be ready to file a complaint with the attorney general's office.

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I called the collection agency, but their phones were disconnected and when I sent them an e-mail, it was returned undeliverable. I figured I would wait until someone got in touch with me on the matter.

If you've paid recently...that company has to be doing something with your checks. There should be a record of the bank in which they're being deposited and therefore an account number and name. I don't know how much you've paid them but it could be a start in either getting your money back or criminal prosecution.

Since you were never served you might want to check your court rules on proper service. Does it require service in person? Who is supposed to serve the summons? Then go to the courthouse...look up your file...and see how this new agency claimed they served you and if they filed a "proof of service".

If they were supposed to serve you in person and filed a proof of service saying they did so...no no no.

Edited by BV80
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You have a very unique situation and I do not know how I would handle it. I'm concerned that the other company just up and vanished.

This new company, have they filed opposition to your order to show cause? A lot of the times they will just consent to the relief being requested because in NY a vacated judgment just means the case starts over and the defendant files an answer.

At your next Court date, bring copies of your canceled checks and any correspondence that you have had with the old company.

When the facts become more clear, I'd be ready to file a complaint with the attorney general's office.

Yes, the new company filed an opposition. When I went down to the court to view the index number at the request of the collector, I decided to file a vacate order. I did this because when I asked them to validate the debt, the collector said he did not have to show me proof. I was going to send them copies of my reciepts from the old company, but decided I should not talk with them any further until we brought the matter before a judge.

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Guest usctrojanalum

Yea, when you ask a collector to validate a debt post judgment - all they are required to do is send you a copy of the judgment. This collector is also stupid, because he should have known if he told you to go to Court to check the index number that you would just get an Order to Show Cause, since the form is pretty easy to fill out.

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Yea, when you ask a collector to validate a debt post judgment - all they are required to do is send you a copy of the judgment. This collector is also stupid, because he should have known if he told you to go to Court to check the index number that you would just get an Order to Show Cause, since the form is pretty easy to fill out.

Yes, I thought that was a stupid move as well. He also talked to me about declaring bankruptcy, which I also thought was strange. Why say to someone you want to collect 10 grand from?

The first thing I did was to file the motion to vacate. They have judgement hanging over me, I am certainly not going to allow them to dangle it without protection.

Also, He wanted my reciepts from the previous collection agency, but when he refused to validate the debt, I said forget it. If I get nothing, you get nothing. See you in court, dummy.

On another thread, my concern was whether or not a collection agency gets first pick if they file a judgement first. The agency I was paying took me to court in Dec 2006, but did not have a judgement. They were just suing me in court where I agreed to pay the debt. The agency after me now already had a judgement on me since June of 2006. While I never knew about it and believe they failed to serve me properly, would the judge side with them because they already had a judgement on me?

That would be ratty considering I paid all but $1100 and would have to pay nearly $10,000 to some other clown that did not follow procedure. On top of that, the judgement never appeared on my credit report, so how is that for being hit by a torpedo?

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Guest usctrojanalum

To be honest, I don't know. Gather all your paperwork to bring to your OSC hearing. Bring the documents regarding the old lawsuit, the new lawsuit, bring copies of your payments/receipts whatever you have wrt to the old company. Tell the judge (it will probably be a Court attorney) that you believe you have been sued twice for the same debt and that you substantially paid the debt off to another company.

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To be honest, I don't know. Gather all your paperwork to bring to your OSC hearing. Bring the documents regarding the old lawsuit, the new lawsuit, bring copies of your payments/receipts whatever you have wrt to the old company. Tell the judge (it will probably be a Court attorney) that you believe you have been sued twice for the same debt and that you substantially paid the debt off to another company.

You have been very helpful, and I thank you very much. I noticed you are a process server. One more question, if I may?

Someone at work told me that if you are served you must be served in person. The affirmation states that they fixed the summons to the door of my old address when they tried three times to serve me. If they did that does that negate their case?

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Guest usctrojanalum

You do not have to be served in person. NY does allow for what is commonly called "nail and mail service" (which is affixing the summons to a door and following it up with a mailing). However, when you affix a summons to a door, it obviously has to be the address where the defendant lives. It is very easy to prove you have not lived at that old address by providing such evidence as a lease, utility bill, bank/credit card statements and/or DMV records from that time period.

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You do not have to be served in person. NY does allow for what is commonly called "nail and mail service" (which is affixing the summons to a door and following it up with a mailing). However, when you affix a summons to a door, it obviously has to be the address where the defendant lives. It is very easy to prove you have not lived at that old address by providing such evidence as a lease, utility bill, bank/credit card statements and/or DMV records from that time period.

You bet, I do have proof. I came across old phone bills from the month of April, the month they claim they served me. I also, have phone bills from March and May 2006 which clearly show my present address. I never throw anything away.

I also have a pay stub from June of 2006 with my present address and another pay stub from a part time job I had during that time, all with my present address. Unless, there is some technicality, got them right by the Johnsons.

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Thank you for your quick response. I filed a motion to vacate a couple of weeks ago. The case was pushed ahead to Feb due to the bad weather here.

The creditor pursuing me now filed a judgement against me in June 2006.

I was contactedf by the creditor I was paying in July 2006. At the time, I was not working. They sued me and I was called to court in Dec 2006. I got a job by then and agreed in court to pay the bill.

I was paying the bill steadily since then until early last year when the collection firm disappeared. I have all of my reciepts, including an itemized reciept I received that shows the date I began the payments, how much and the last date I paid.

When I spoke to them on Jan 11, 2011. I asked for proof of the debt. The gentleman representing them refused. He said go to the court and view the index number. He said the other collection agency stole their account and that I should never have paid them. He said, "They stole your money and you have to sue them for it. In the meantie, you owe us $10,000 including interest at 9% over the past 5 years.

What I found strange was how they served their court papers to my old address 3 years after I had moved back to my present address. The creditor I was paying contacted me at my present address in July of 2006.

My credit report clearly has both of those addresess listed. Why didn't this creditor simply go to both addresses?

My guess is that they stuck with the first address in order to obtain their judgement.

Now, the thing that has me concerned is this: If they filed first, do they have the legal right to force me to pay? Their papers are marked March 2006, while the creditor I was paying was marked Dec 2006. The fact is I never knew of the first lawsuit at all. If anything, they should sue my former creditor for the money that was collected.

After that, what about the outstanding balance of $1100?

The first company that started collecting has the right to ASSIGNMENT. I was just reading that, because a new CA/JDB is reporting to my credit report the same two bills I'm fighting in court (one of which I already won, WTF).

So all you have to do is:

1) Go before the judge and show the judge you were paying

2) Contact the company that sued you and show them you were paying that the first collection company has right to assignment(read up on assignment). Take that letter to the Judge.

3) Contact the first company if and ask them if they are still in business. You might even make one more payment to them after that date of the judgement. Let them know about the judgement and ask them if they would like a copy

Look up "Contracts Multiple Assignment", that will let you know what happened and who has the right to collect.

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Guest usctrojanalum
you should be getting your money back.

if this goes back to the trial calender, i would countersue them and get all your money back plus +

If I understand the OP correctly, this company has not taken a dime from the OP. So how can he countersue them to get his moneyback? I'm really concerned the company that the OP paid all that money to just vanished into thin air.

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The first company that started collecting has the right to ASSIGNMENT. I was just reading that, because a new CA/JDB is reporting to my credit report the same two bills I'm fighting in court (one of which I already won, WTF).

So all you have to do is:

1) Go before the judge and show the judge you were paying

2) Contact the company that sued you and show them you were paying that the first collection company has right to assignment(read up on assignment). Take that letter to the Judge.

3) Contact the first company if and ask them if they are still in business. You might even make one more payment to them after that date of the judgement. Let them know about the judgement and ask them if they would like a copy

Look up "Contracts Multiple Assignment", that will let you know what happened and who has the right to collect.

The first collector went Bankrupt last year. They were based in Maryland. From some of the articles I gathered about them, a Maryland Judge dismissed all the cases they were collecting on. As for this current collector, I ceased speaking with them. When I asked them to prove that I owed them the money they claimed I did, the collector said they did not have to show me anything. That's when I filed the vacate judgment. Since, they were threatening me with garnishment, I did not want to have them tale my pay, and then have to sue them to get it back.

I figure I'll bushwack them in court with the documents I have now. If that fails, I'll pull out the brief that was posted by the Judge from Staten Island about creditors having to prove the debt from the very begining. Either way, they are going to be surprised when they realize that I am not the sucker they thought I was.

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The first collector went Bankrupt last year. They were based in Maryland. From some of the articles I gathered about them, a Maryland Judge dismissed all the cases they were collecting on. As for this current collector, I ceased speaking with them. When I asked them to prove that I owed them the money they claimed I did, the collector said they did not have to show me anything. That's when I filed the vacate judgment. Since, they were threatening me with garnishment, I did not want to have them tale my pay, and then have to sue them to get it back.

I figure I'll bushwack them in court with the documents I have now. If that fails, I'll pull out the brief that was posted by the Judge from Staten Island about creditors having to prove the debt from the very begining. Either way, they are going to be surprised when they realize that I am not the sucker they thought I was.

Good luck.

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