samantharaeg37

PLEASE HELP - recieved letter from Gurstel Law firm

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hello, this is my first time posting here--sorry if i'm in the wrong section.

i have absolutely zero knowledge about any legal processes and any advice is much appreciated.

quick backstory - this debt was from an old student loan issued by sallie mae 11/07 which i defaulted on and it was written as a charge off. the last payment made was 05/12 and was reported on my credit 02/13. i can't remember the exact date, but i was served/sued by Neuheisel law firm either 2014/2015 and never went to court and had a judgement placed against me.

last year 2016 i had a levy placed on my bank account which cleaned out all of my accounts and the information i recieved from my bank was that the company trying to collect was now Cach LLC. i am not sure if they are the same. i did get in touch with this company and they told me that they do not accept any type of payment plans and that this would have to be paid in full which is impossible for me. i'm a single mom with a 1 year old and after all of my bills/rent i have no extra money.

after they collected what was left in my account and my initial contact with them, they tried to call me a few times after to collect the rest and then the calls just stopped. 

fast fwd to yesterday, i recieved a letter from Gurstel Law firm stating that they "are representing Cach LLC to try and collect on an account that was previously placed with Neuheisel Law firm...at this time no attorney with this firm has personally reviewed the particular circumstances on your account..."

 

i'm at a loss of what to do right now, i've tried searching for cases similar to mine and have found very little. the letter they sent me just gives a balance amount and states that the balance may vary day to day because of fees and if i send them a check right now they will let me know of any adjustments i may need to pay. 

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If they already have a judgment, they can't sue you again.  The only thing they can do is garnish to your wages, levy your bank accounts or put liens on your personal property.  Obviously you do not want to put money in a bank and should deal in cash only.  There's not much you can do to stop them from garnishing your wages except quit your job and drive for Uber.

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i do not believe gurstel has the judgement against me, this is a letter that i just received with them only asking me to pay a balance. i believe my debt was sold to cach and when they werent successful in collecting i am now dealing with gurstel......

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They couldn't legally levy your account if they didn't have a judgment.  If it's for the same debt, you cannot be sued a second time.

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10 minutes ago, samantharaeg37 said:

i do not believe gurstel has the judgement against me, this is a letter that i just received with them only asking me to pay a balance. i believe my debt was sold to cach and when they werent successful in collecting i am now dealing with gurstel......

More than likely, they are collecting on the original judgment that was placed on you.   Try contacting legal aid and see if anyone there can help you.  In the meantime, hopefully some of the CA members here will show up to help.

@RyanEX

@sadinca

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Sounds like Gurstel took over efforts to collect on the judgement. The account may have just entered their computer system and hasn't been reviewed by a human yet, hence the "pre legal" form letter that was auto-generated.

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unfortunately i do not have much to add. it does sounds like Neuheisel was replaced by grustel as representative of CACH trying to collect the remaining of the balance of the original judgement. i do no know what options would be available after judgement  aside from working out a payment plant or filing for bankruptcy. 

Unless OP is collection proof. 

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