lilliana385

HELP! Cap1 got Judgment Against Me

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A Judgment was entered Feb 2012 by JohnsonMarkLLC for Cap1 debt.

 

I had been reading some of the forum here and maybe its too late for me to do anything but still has hope....

 

 

Back in 2011, got a summon for court hearing. I attended and it wasn't NO judge!

it was the attorney for Cap1 and me....All he said was for me to make arrangement payment, I told him I can't make any payment due to no income. he said I needed to make some kind of payment arrangement with him or I will put in jail. I know, I was scar and signed the damn agreement to make payment which him and I both know I can't pay.

 

anyways, my father helped me make two payment of $100 and since then I haven't made a penny.

they dip into my bank account which I only had $25 and they also put a $1000 lien on another bank account which has my father name and me, that account its mainly for my father monthly social security payment.

 

I challenge them with a letter, telling them the money don't belong to me and it's my father SS income and they have no legal right.

about 2 week later, got another stating that the lien on the bank account (father and me) was withdrawl

 

As of today, I don't have any bank account, no income, no asset, and living on food stamp.

I repeatly tells JohnsonMark, I have no job, no money but they still up on my a$$

 

the very last letter, I got was they were trying to get my work history from Department of Workforce

 

What can I do to be judgement proof???

 

anything help!! Thank you

 

 

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You are not judgement proof because they got one.  What you are right now is collection proof.  First take your name off ANY bank accounts.  If you need to cash a check make it out to your Dad and have him cash it or pay the fee to use a service that cashes them.  Public aid is cannot be garnished so they can't take any of that.  In the meantime send them a letter stating you have no assets and are unemployed.  They can continue to try to collect because you signed a consent judgment meaning that if you defaulted on the payments you agreed to they only needed to file the judgment instead of sue.  You are stuck with this until it expires or is paid.  

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The lawyer lied to you and violated the FDCPA when he said you would be put in jail for not paying a credit card debt.  Unfortunately, the statute of limitations in the FDCPA is one year, so you can't sue over something that happened in 2011.

 

However, there may be state consumer protection laws that could help.  I would suggest contacting a consumer attorney for a free consultation.  Maybe something could be done.  Try www.naca.net.

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Some other ideas, if an attorney won't help you:  file a bar complaint against the lawyer who lied to you.  And file a motion to vacate the judgment, on the grounds that the judgment was obtained through fraud and deception and through unconscionable methods.  A long shot, maybe, but it's worth trying.

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