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Collection letter for a judgement


bseybs32
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My wife has a judgement for a Cap One account.  She received a collection letter from an attorney listing the court case number, the amount, and the OC.  

They gave 3 payment options to pay the original amount plus interest and fees. 

option 1 pay half the amount 

option 2 pay in 6 installments of the full amount

option 3 (i forget at the moment)

 

since it is a judgement, do we pay the courts or the CA attorney?  Which way could end up being cheapest?

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with a DV letter or phone call?

 

Additional info from clerk of courts:  The orginal judgement commencement date was 7/10/06, rendered on 11/16/06. certificate of judegemnt filed date was 11/10/07, then it was refiled as a different case number on 10/18/11.

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My wife has a judgement for a Cap One account.  She received a collection letter from an attorney listing the court case number, the amount, and the OC.  

They gave 3 payment options to pay the original amount plus interest and fees. 

option 1 pay half the amount 

option 2 pay in 6 installments of the full amount

option 3 (i forget at the moment)

 

since it is a judgement, do we pay the courts or the CA attorney?  Which way could end up being cheapest?

 

1.  They opened up the possibility of a settlement for a comfortable (less) amount for you with terms that could work in your budget.  Time lapse is on your side for negotiation.  Don't be too demanding but don't be railroaded either.

2.  Don't send any payment until you have a legitimate contract with them.  Remember 'If it ain't written it didn't happen'. 

3.  The damage is done to your wife's CR but it wouldn't hurt to ask for a 'Pay for Delete'.  Judgments can't be removed by normal PFD, you can have it 'Vacated' by the collection lawyer and court.  You may also have to hire an attorney to smooth the process out.  

Other posters are much more knowledgeable than I but I have learned a few things during my time here.

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Verify that they own the judgment and can collect on it.  If they do you pay them.  The courts do not collect the money unless an order for garnishment is enforced.  

No you do not,,,you still pay the judgment ,, at the court clerks office,

 

Were you served? if not you have a legal grounds to file a motion to set aside judgment.

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No you do not,,,you still pay the judgment ,, at the court clerks office,

 

Were you served? if not you have a legal grounds to file a motion to set aside judgment.

No, not served.  just a letter, from the same attorney that filed the judgement, listing only the 2 payment options i listed (not third option).

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no what BTO429 was asking, how did they get the judgement? Were you served on the original court case?  Did you answer the complaint?  Is this a default judgement, or did you go to court and the judge ruled in favor of the plaintiff?

They can ask you to pay if they have a judgement, but in order to force you to pay they have to go back to court and see what assets you have that they can levy.

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we were served and didn't answer the the complaint.  below is information from the county clerk of courts website pertaining to the case in question?

 

Additional info from clerk of courts:  The original judgement commencement date was 7/10/06, rendered on 11/16/06. certificate of judegment filed date was 11/10/07, then it was refiled as a different case number on 10/18/11.

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would i be able to negotiate for a lesser amount than their first offer of 50%?

 

i assume then, a DV letter would be pointless at this time? i could use a little more time to gather money.  can't really afford a 2nd garnishment to my wifes' paycheck.  she already has one active.

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no DV, they have a judgement.  You might be able to negotiate for less, you would need to speak to the attorney.  

 

You can tell them all we have is xxx amount that I can pay in a lump sum, would this be workable?  They WILL counter you for more.  So in your first offer I would make it less than you can actually have.  Then when the counter comes in, counter with what you can do.  

 

They will expect it in a lump sum if you choose to settle this way.  Nothing it it for them but time.  If you don't fulfill your agreement, then they can get the entire judgement, and will not agree to a settlement at that point.  You might be able to say if they won't go lower, ok, I can do that, but I would need it to be broken into 4 payments-- something to that effect.  They want the money, they don't want to have to go back to court, so I guess it really depends on how much we are talking about here.

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If you pay this, or any lesser amount that they settle for make sure it is in writing and that they file a release of judgment or lien, then you can file a relief from judgment, Why file a release from judgement motion? Because these collection atty and agencies have a habit of offering a settlement for lets say 50% then they sell the remaining 50%. If you file a release and the judge agrees, they original atty any ca that may buy the remaining 50% cannot collect it because you have been released from the judgment.

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You can psy the judgment holder if you want,,,,but if you want records that show it has been paid take it to the clerks office. In my state if you pay at the clerks office you get a receipt from the court, what better proof then a receipt from the court if they try to claim yo0u did not pay it....and it happens a lot when you pay the judgment holder.

 

They will wait a year or more, knowing most people do not keep receipts that long, and try to collect on the judgment again, it could be to bad record keeping or it could be a greedy judgment holder. But ifd you have court records who will the court believe, the judgement holder or the court records????

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i thank you all for the advice.  

my wife is currently being garnished.  not sure if they could garnish my wages. 

 

what are your opinions on sending a letter to judgement holder with a reduced counter offer instead of calling them?

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i thank you all for the advice.  

my wife is currently being garnished.  not sure if they could garnish my wages. 

 

what are your opinions on sending a letter to judgement holder with a reduced counter offer instead of calling them?

@bseybs32 - why not do both?

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i get to mad when i talk to collection companies.  my blood starts boiling, and i can't keep my cool.

 

Just try to remember that with the power of knowledge, which they assume you do not have, YOU can be in control.  Thinking that, and remembering that the people hired to talk to you went through training (either in class or during their most recent prison stay) to learn to be uncivil, YOU can take over the conversation.  Just remember, it is THEY who are trying to get back on script.  Keep bumping them off script.  Need a moment?  The water is boiling.  Make up people in the house that are trying to talk to you ("give me a moment, honey, I'm educating a newbie debt collector").

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