Being Sued for a Paid Debt :(

[LovelyOne01 1]

Hi,

I'm really hoping someone can help me because I'm extremely stressed, upset and at my wit's end.

Back in 2000, someone backed into my car and I had to have it fixed. The repair man fixed it to perfection, but due to unfortunate financial circumstances, I bounced the check I gave him. He was nice enough to try to wait for me to fix things, but he eventually went to an attorney who obtained a judgment against me.

Shortly thereafter, I contacted the repair man. He said all he wanted was the money owed for the fix (the original amount). I went and paid him in cash and he gave me a signed receipt and wrote "Paid in Full". I attempted to show this to the court and to the attorney, but it didnt seem to make a difference.

Over the last 15 years, this attorney has tried numerous times to get money out of me. Last week, someone showed up at my house with papers stating that I needed to appear in court with bank statements, etc.

I really don't understand this. The repairman (who hired this attorney) considers the debt paid, but yet I'm still being harassed for this money. What can I do? This whole situation has me in tears.

[shellieh98 1,505]

About the only thing you can do is try to get the judgement vacated.  It is 15 years old, so it may not work, but I would file a motion to vacate judgement due to satisfaction of judgement.  In it include your receipts, and any other thing you have showing this debt was paid.  What they are doing to you right now is a debtors exam to get your bank records, and what assets you have so they can garnish you.  You can bet they have added 15 years worth of interest to the debt as well.  File that motion, it will go to the judge.  Then go to the court when your supposed to for the debtors exam and bring a copy of all your evidence, and a copy of the motion to vacate judgement with you to the exam.  Hope you have an honest judge that will vacate the judgement. 

[shellieh98 1,505]

Here is a little article, and a place to contact should you need help with representation. http://www.avvo.com/legal-guides/ugc/vacating-a-judgment-in-marylands-district-court

[TomnTex 389]

Whatever you do, DO NOT lose that receipt. Make copies of it and put the original where you can find it.

[LovelyOne01 1]

Hi, @shellieh98.  Thank you!  If I remember correctly, I tried to get the judgment vacated back then, but the court denied it.  I remenber writing something to the court and including my receipt.  Sounds like it might be worth trying again?  I will also take a look at the link you sent.

 

The thing that's killing me is that I'm 99% sure it's the attorney coming after me and not the repair man.  Back when I paid him, he even said he doesn't understand why the attorney won't let it go.  Unfortunately, the repair shop no longer exists and I can't find the repair man.  I'm sure he'd sign something to put an end to all of this.

[LovelyOne01 1]

Thank you, @TomnTex.  I've been holding on to that thing for dear life ever since he signed it.  I will make some extra copies to be on the safe side.

[BV80 2,620]

@LovelyOne01

 

Read the following brochure from the MD courts.  According to the brochure, judgments in MD are good for 12 years.  In order to be renewed, the judgment creditor has to file a renewal with the court.  I'd check with the court to see if a renewal was filed.

 

http://www.courts.state.md.us/district/forms/civil/dccv060br.pdf

[TomnTex 389]

There is a difference in writing the court a letter to vacate and a motion to vacate. They won't act on just a letter requesting. You HAVE to motion to get it in a legal manner for it to work, thus, now write a motion to vacate, do not mention any previous attempts.

[debtzapper 1,271]

@LovelyOne01

 

You may want to contact Peter Holland.  He teaches consumer law at the Univ of MD Law School and has his own private practice.  Many of his services are free or at a low cost.  

 

http://www.hollandlawfirm.com/unbundled-legal-services/

[LovelyOne01 1]

@BV80 Thank you!  I'll read through the brochure.  The attorney did apparently file a renewal recently (I saw this on the MD Case Search web site).

 

@TomnTex  Will do.  Thank you!

 

@debtzapper Thank you so much!  I will reach out to him as well.

 

Thank you all so much for taking the time to reply.  I plan to leave no stone unturned at this point, so your input and advice is very much appreciated!

[sadinca 763]

good luck!

[ridleylaw 11]

You might get a consultation as to whether this is a violation of the FDCPA or your state's collection laws. Here in CA, depending upon the facts, I would consider bringing suit under FDCPA and Rosenthal, against that attorney, for attempting to collect on a debt which has been satisfied.