Can a judgment be put in place when you have told the company that you have proof of payment in full?

Question

A lawyer's office has called and said that they are putting a judgment against my husband for a CC. I told this company the same thing as the ones before them. The account has already been paid and it's off our credit reports and we have proof of payments. We were told that it didn't matter because all they would credit us was what we've paid them and the company before. Which I told them to blow off and not bother us again. Then someone else called a few weeks later and said that they were doing a judgment no matter what. Can a judgment be placed against someone without them knowing and is there a court hearing involved? I would love to go to court against this company so we can prove that we have paid this account. I was told that there would be no court date, that it was beyond that. I'm worried that a judgment may be placed without us knowing and not being able to fight this. This account has been sold to so many collection agencies because we have proof that the account is paid.

Answer 1

They can put a judgment on your credit report only after they have filed suit and won in court.

Even though they are a lawyer, they are considered a debt collector and must follow the Fair Debt Collection Practices Act(FDCPA). So you need to send this lawyer a debt validation letter. In the letter you can provide proof that the debt is in fact paid. Also, request that they provide proof that they have the right to collect, and the reasons they say you still owe the debt. Be sure to include that they are to no longer contact you by phone until they have provided the proof.

Send the letter by certified mail with return receipt. Now, here is where the fun comes in. If they contact you by phone at all, or file a lawsuit against you before they validate the debt you can file a suit against them for violation of the FDCPA. You can sue them for $1000 per violation.

Answer 2

I have a question for you first......

You say you can prove this debt was paid? Was this a debt settlement in which you paid a lesser amount with the understanding that the debt would be considered "paid in full"?

Did you get this agreement in writing?

Remember one thing....you never EVER trust a collection agent. They will tell you anything if they can get money from here. So let me explain this scam:

They got you to send them a settled amount (maybe 50%). They now have your money, and sell your remaining debt to another collection agency. Since you don't have anything in writing showing "paid in full" the 2nd agency will come after you for the balance. Dirty trick, huh?

Hopefully this is not the case. But your very first step is to gather all of the proof you have to show this debt was "paid in full".

Then follow the advice of the other folks here....verify that this has not been placed on your credit report, and send a dispute letter if it has been.

Then send a "demand to validate" the debt to the collection agency pestering you, and demand a full accounting. That includes the original signed agreement, last bill, last demand letter, and whatever proof these folks have to show they have the legal right to collect this debt. Also send a "cease and desist" letter so they will stop pestering you. But be warned...this statement is a "put up or shut up" notice, and they may follow it with a lawsuit. Be sure you have your documents straight.

Finally, see if you can find a local attorney that handles FDCA lawsuits, and see if your state has wording regarding fraudulent collections of debts. If it does, and you have placed these people on notice, you have yet another lawsuit you can file against them.

Answer 3

No they can't put a judgment on you without first going to court.

Stop talking to these clowns. Send them a cease and desist letter, certified mail, return receipt. Tell them that you do not owe this debt, have proof it was paid, and per the FCRA, never contact you again.

If you've been getting passed around to junk debt collectors, don't bother with a validation request. I wouldn't even bother to include a copy of your payment proof. As soon as they get your letter, they'll just sell the debt off to another collect. So you may have to send another cease and desist letter.

The lower this goes on the collector food chain, the slimier the collectors. Don't let them scare you. They can't do anything. If by some odd chance they do send you a summons, you have the perfect defense -- it's paid.

Answer 4

First, stop attempting to explain to the people calling you - they are tele-dialing and have no information that's useful to you. The next one to call, tell them to send you something in writing on the company's letterhead to take to your attorney (ok, so you don't have one. They don't know that.)

If they are serious, then you'll receive something in the mail pronto! In the event they are no more than a boiler room outfit, then you'll hear the last of them (which is why you request something in writing.)

Also, make a copy of all communications with these people. You want names, addresses, dates and times of calls. They are trying to scare you, call them on it!

You paid the bill, you have proof - work with that fact and if they do somehow get a judgement as they claim ( which I seriously doubt they will pursue), you have recourse and 98% of the lawyers will kill their own children to take your case on contingency.

If you can record some of these harrassing calls, all the better. But do not continue holding long conversations with them.

All the best.

Answer 5

you need to take a classification at the same time, like financial Peace college. (those are presented at church homes around the rustic.) those instructions tend to have workouts on attitudes in direction of funds and invoice paying. whilst i think of you have a good shelter on him (50s era physique of suggestions and undesirable conduct!), he would not look to comprehend you and the long term nightmare he's coming up via having a weak credit historic previous. Me, I went debt loose when I paid $2 hundred in finance quotes three hundred and sixty 5 days and found available substitute into the $2 hundred i ought to have use to pay for something else! i've got faith you have been paying $2 hundred in purely some months in extra pastime and late expenditures. i think of it is going to take a classification to get him to admit he's not perfect and he's not doing it. inspite of a toddler, you look to have greater loose time. you are able to actual handle the expenses and shop on precise of them. (to boot, if the creditors start up calling the homestead, that is YOU who will ought to deal with the calls.) you are able to schedule 2 nights a month to take a seat down and pay the expenses if he feels he has to place in writing the assessments. yet you're able to have them waiting to pay, stamp the envelopes, verify them off and take them to the submit place of work. you are able to help him be certain if any of the credit enjoying cards purely get minimum funds this month. You suggested he took a business enterprise holiday. substitute into he reimbursed or not? I used to return and forth many times for artwork and it substitute right into a PITA to maintain up with turning in the rate comments. a number of of the adult males I labored with had their different halves study to do the place of work work and turn them in. the reason substitute into the spouse could actual do it and in case you do not turn those suckers in, you in no way gets a commission! Ditto for scientific expenses. Me I desire to pay for steak than devour rice and beans and pay those pastime quotes!

Answer 6

Call a local attorney. They will consult with you about this for free the first time and they will be able to tell you if you need to hire them and why.