Robear

I got a judgment against Unifund, how do I collect?

Recommended Posts

I was sued by unifund in small claims court Alabama, I counter sued due to clear a FDCPA violation.  On their case against me, they failed to perform a key procedure of the court rules and I had the case easily dismissed.  On my counter suit, I proved that they failed to cease collection after receiving a validation request, the judge agreed and granted me a 1000 dollar judgement against them. How do I collect?  I have researched getting a writ of execution, but how does that work with Unifund being in a different state?  Funny how when the shoe is on the other foot, they won't pay their bills!!!

 Looking for any suggestions, thanks!

Share this post


Link to post
Share on other sites

Send them a bill "net 30 days" and then start charging interest. You could let it go for up to 5 years or more and collect 30k when it's all said and done. It's better than putting it in the bank if the company is big enough and you keep "renewing" the judgment. you'll have to check your state rules, but I've seen a 500 debt become 13k due to interest.

Share this post


Link to post
Share on other sites

As you now found out, the hard part of getting a judgement is collecting, especially when you know nothing about the finances of your adversary. The question is, do you want the money now or are you willing to wait. If you are willing to wait, then keep track of dates when you need to renew by and the interest. Realize though that the cost of waiting is that the company may go bankrupt or even cease to exist and your claim is then worth nothing.

If you want to collect right now, you have 2 options:

1) Do a financial deposition in Alabama and find out if Unifund has any assets in the state and where their bank accounts are. If you can find a bank account at a bank that has a branch in Alabama, you can attach that.

2) Find out where Unifund's home offices (or state of incorporation) is and file for a foreign judgement in that state. You will probably find assets there that you can execute against.

Good luck.

Share this post


Link to post
Share on other sites

@Robear Look at the Complaint to see the correct name of the Unifund entity that filed it. Unifund CCR Partners and Unifund CCR, LLC are two of the common Unifund plaintiffs. You need to have the correct company name you got the judgment against.

I believe you have more than one thread going on this topic. It's best if you can keep your case information contained in one thread.  

Share this post


Link to post
Share on other sites

Why not turn the tables and make collection calls to Unifund's compliance department?  Be sure to begin each call with the required Mini-Miranda 'this is an attempt to collect a debt...'

The contact info for their compliance person is here:  http://www.unifund.com/contact-us/

If they don't send a check in a few weeks, you may want to contact an attorney in the state they are incorporated in (Ohio).  You'll have to domesticate the judgment, and then get a writ of execution.  Hire a bunch of movers, a U-Haul, and get a marshal to start seizing office equipment, computers, etc.  They'll quickly write you a check for the $1k plus the cost of the movers, etc.   

If you don't mind a road trip, recording the whole thing and putting it up on YouTube would be a nice bonus. Be sure to email a link to David Rosenberg, their scumbag CEO. 

Share this post


Link to post
Share on other sites

I appreciate all your suggestions, I would absolutely LOVE to drive up there and record the sheriff march into the building and start seizing assets!

Update***

I got a call from the owner of the law firm, he is willing to pay me double if I am willing to set the judgement aside.  Waiting for the official offer to arrive.  Any thoughts?

  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.