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Emilydc

Entry of Judgement Assistance Needed!

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My question involves an entry of judgement  in the State of: Washington, DC 

Two 1/2  years ago a debt collector sued me for a credit card debt.   We settled and a judgement was NOT entered.   As long as I made $75 dollar payments a month until the payment was paid off, then debt would be resolved.   

Fast forward, early 2015 I was told my last payment was due on August 2015.   I made my "last" payment in August of last year.  Three months later I'm being sued and entry of default has been set against me because I didn't make the last two payments.    

It seems, that sometime between August 2015 and December 2015, the law firm that I originally dealt with and settled with, was sold to a bigger law firm.  They, the bigger law firm, now want the entire amount.  I tried explaining to them that I was told the last payment was in August but of course, I can't remember who I talked to.   I also was never given a reminder that I was late on a payment.    

Anyway,  98% of my payments were made on green dot pre-paid credit cards.   I learned from here to never pay  debt collectors/law firms using your checks.  The other 2-3% were made via money orders.   I still have all of the green dot cards but because I didn't register my name and information, I'm trying to get them to send me records.  

Anyhow, I just received by mail, from the law firm, regarding the history of my account.  The history shows the the first payment until  the last payment which was August 2015.   It CLEARLY shows - that I made all my payments every month with the exception of the last two $75 payments. 

I got a court date this Wednesday.   Is there anything I can say to the Judge to avoid this to turn into a judgement?     

Thank you ....

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2 hours ago, Emilydc said:

I got a court date this Wednesday.   Is there anything I can say to the Judge to avoid this to turn into a judgement?     

Thank you ....

Yes, I would simply tell him this set of facts.  You were told by the firm you settled with the last payment was August 2015.  You are more than happy to make the last 2 payments but when the account was sold to the bigger law firm they breached the settlement agreement by not contacting you and invoicing you for them so you could pay.   Have the $150 ready to pay right there and my guess is the Judge will uphold the settlement.  Another option is to get a consumer attorney to intervene with this law firm and to take the payments and drop the suit.  Often when faced with another lawyer they back down.  You can find a consumer attorney at www.consumeradvocates.org

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+1 what Clydesmon said.

I want to add though...whenever paying anyone anything, always ALWAYS keep good records. I always scan and store money orders/receipts. Also, I have installed a free automatic call recording app on my phone. That way, when you speak to someone, you keep a record of it. You just never know when you might need the record(s) or recording(s).

 

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