FHIW

Creditor Claims no payments received on Judgement

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Hi Everyone - Thank you in advance for any advice you have on the below matter.

In 2010 FIA Card Services got a judgement against me for around $9700.  They garnished over $7000 from my PNC Bank account and the rest I setup a payment plan to pay off.  Recently when I went to get a loan I discovered that the judgement was still in place and for the full amount.  When I went to contact the Law Firm that was on my original judgement I found out they were no longer in business.  The debt was transferred to another law firm and was then under the name of Bank of America.  That law firm has also gone out of business which brings me to today.  The new debt is held by Barclays bank and is represented by Forester Garbus and Garbus in New Jersey.  I have copies of all of the checks that I paid to the original law firm as part of my payment plan but I don't have any record of the payment that PNC Bank garnished from my accounts.  When I contacted PNC they are telling me they only retain records for 7 years.  I have a letter from PNC stating they garnished my accounts but it does not state the total amount or who it was sent to.  Does anyone have any advice on how to proceed with this?

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1 hour ago, FHIW said:

Hi Everyone - Thank you in advance for any advice you have on the below matter.

In 2010 FIA Card Services got a judgement against me for around $9700.  They garnished over $7000 from my PNC Bank account and the rest I setup a payment plan to pay off.  Recently when I went to get a loan I discovered that the judgement was still in place and for the full amount.  When I went to contact the Law Firm that was on my original judgement I found out they were no longer in business.  The debt was transferred to another law firm and was then under the name of Bank of America.  That law firm has also gone out of business which brings me to today.  The new debt is held by Barclays bank and is represented by Forester Garbus and Garbus in New Jersey.  I have copies of all of the checks that I paid to the original law firm as part of my payment plan but I don't have any record of the payment that PNC Bank garnished from my accounts.  When I contacted PNC they are telling me they only retain records for 7 years.  I have a letter from PNC stating they garnished my accounts but it does not state the total amount or who it was sent to.  Does anyone have any advice on how to proceed with this?

Get an attorney.  The fact that you can show payments you personally made plus PNC admitting your account was garnished shows that the judgment amount allegedly owed is incorrect.  I would also check the court files from 2010 to see what it contains.

When did PNC transfer the account to Barclays?  Barclays should have received some sort of paperwork on the account from PNC.

An attorney would know what extra steps should be taken.  

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16 minutes ago, BV80 said:

Get an attorney.  The fact that you can show payments you personally made plus PNC admitting your account was garnished shows that the judgment amount allegedly owed is incorrect.  I would also check the court files from 2010 to see what it contains.

When did PNC transfer the account to Barclays?  Barclays should have received some sort of paperwork on the account from PNC.

An attorney would know what extra steps should be taken.  

PNC is just my bank where I had my personal bank accounts that were garnished.  The original credit card company was FIA Card Services, which was then transfered to Bank of America and now is Barclays.  So Barclays holds the debt and Forester Garbus and Garbus is the law firm representing Barclays.

I did go back to the court files from 2010 but this is sketchy too.  After they garnished my accounts it appears instead of stating that the judgement is now the amount less the garnished dollars there was a new judgement entered under the same docket number for the lesser amount.  But when it got transferred to Barclays it was updated to the full amount again.  I do have a copy of the judgement that shows $3720.  And I have letters and checks showing that I paid the $3720 to the original law firm.  I'm guessing this is one of those situations where they think I agreed to a settlement and did not fulfill it so they returned it to the full amount.  But the truth is between the garnishment and my checks I paid the full amount.  I just have to prove the garnishment went to the first Law firm some how.  PNC's executive office is trying to see if they can find anything but they are saying they only retain 7 years.  Since this is 10 years I could be screwed.  There is a chance I can find my bank statements from 2010 but it would still not say who the money went to.  It would only show it was deducted from my account.

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I work in banking now, and it is common practice to discard certain personal data after 7 years.  OTOH, PNC may or may not have the info in a different database that goes back further, but that database might have the data wiped out, or it might not exist, or they might not know where it is.  Finding the data would be difficult, if not impossible.  

That being said, you have several things that can help you:

1. Records from PNC within the past 7 years.  For example, if you paid the initial amount over a period of > 3 years, PNC may have records of your payments from November 2013 on.  The fact they can verify they garnished some wages helps you a lot.  

2. The revised amount for the judgment for $3720

3. Proof of the payments of the $3720.  

 

If I were you, I would contact the new law firm immediately to politely request they remove the judgment.  Send them whatever proof you have.  Most likely they will take steps to remove it.  I had a situation a few years back when I had to have a law firm and a bank verify that I didn't owe any money, and to get the incorrect info wiped out.  Both the bank and the law firm were very helpful.  I actually had a very nice conversation with Bob Hornick, who is a partner in the Rausch blah blah blah and Hornick law firm.  He sent off a letter saying I didn't owe any money.  

If your goodwill approach doesn't work, then you have a strong court case against them.  All sorts of FDCPA violations, etc.  

 

 

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