I have a ? about a judgement against me

Discussion in 'Chit Chat' started by doxygirl, Apr 17, 2007.

  1. doxygirl

    doxygirl New Member

    I want to keep this short as possible ....but believe me it is a very long story....in a nutshell I got a judgement against me for a very old credit card debt.....the collection agency that bought it is trying to collect.....

    and I got a summons to appear so they can collect.......
    in between the judgement and the summons for collection...we received a letter from the collection agency that states if we want to settle to call them....

    Iam not going to call them because I know how mean they will be to me....and Iam not going to be a human target....but I do want to pay this debt so we can move forward.......

    My question is if they don't accept that I cannot pay this for another two weeks and my time is us this week and the court allows them to .....will they most likely place a lien on our home?

    Iam sick and cannot work....so garnishing my wages is out of the question.....this card was in my name only and not my husband.....

    Iam going to fax them a letter stating that iam going to pay it in about two weeks but I am concerned what they may do in the meantime

    ....Please let me know if you have any experience and can help me

    [This Message was Edited on 04/17/2007]
  2. joyfully

    joyfully New Member

    I have no experience with this but, can you send them a PARTIAL payment now so you are showing INTENT to pay?

    That way, if you get hauled into court, you can show the judge that you are making timely partial installment payments on the back due amount. I would think that the judge would look favorably on that.

    Maybe I'm naiive.
  3. doxygirl

    doxygirl New Member

    I appreciate it!

    I just don't want to get in any more trouble than I already am!:(

    I do think if I at least make an effort to let them know Iam going to pay maybe they will back off.....

    thanks again for trying

  4. JLH

    JLH New Member

    I'll try to make a long story short! My DH's sister has been his parents' power-of-attorney until recently. She has been a drug addict for years but his dear old Mom refuses to see it and thinks her one and only little girl (45 yrs old) can do no wrong.

    Well, the drug addict, a widow, found a drug-addicted boy friend and ran off for 3 months and never returned. ....unfortunately, she's back now! Ugh!

    Anyway, while she was gone, we discovered that she had been throwing away all of the mail that she didn't want her parents to see. (She was living with them in order to take "good" care of them!)

    In the last 3 months, we began to get MANY letters from collection agencies who were sending their "last" letter and his parents had 30 days to pay, or else go to court.

    Turns out that his sister had taken out Visas and Mastercards, as well as Sears, etc. credit cards in each of the parents' name!

    We had a total of about 10 different agencies and debts that we were talking about. Two of the credit cards had debts of over $9,000 on them!!!! She had been getting cash advances, I guess, to buy her drugs. Some of these debts were a couple years old--and the parents knew nothing about them!! But, my DH's Mom is 87 and Dad is 92 and knows and
    hears nothing!

    Anyway .... I called each agency. THEY WERE VERY COOPERATIVE WITH ME!!! So, don't be worried about calling!

    I used to work in a procurement department and was used to negotiating with potential vendors/sellers, etc. So .... I put my negotiating skills to work again with each call.

    I asked each one about them accepting a settlement. (I did explain the circumstances of why these bills had not been paid.) I was able to get at least a 50% REDUCTION in the debt on each one! In fact, on one of them, I got a 40% reduction, but the original debt was not one of the "biggies"!

    Every person that I talked with could not have been nicer to me! All of them asked me, AFTER we agreed on the settlement price, if I needed to make payments, or did I want to pay now.

    You will be surprised when you call them if you start your conversation off on a very pleasant tone, how well a conversation can go. I talked as sweet as pie, and so did they! No need for nasty tones on how they are harrassing you, etc.

    In fact, the story that I gave them about my deadbeat sister-in-law and how she misused her POA and took out these credit cards and then dumped all of the monthly bills, etc., in the trash sounds like a wild made-up story; however, none of them even questioned it!

    Doxy, my advice to you, is to call them and explain your situation. Tell them that you can not pay for at least two weeks, and could they please extend the court date in order to give you an opportunity to pay. They stay true to your word and pay them in two weeks. Ask them for a payment plan that will work for you, and hopefully they will agree to it. Just remember, the person who you are talking with is just another person like you .... this is just his/her job and he/she will talk to you like you talk to him/her -- just keep a sincere tone in your voice and I am most positive that he/she will be willing to work with you.

    It worked for me. Please give it a try!

    About the question on the lien on your house ... I have no idea.

    Good luck, dear.

    Love and hugs,

    Edited: I forgot to mention that while the deadbeat daughter was gone, my husband when to an attorney and he and I became her new legal Powers of Attorney.
    [This Message was Edited on 04/17/2007]
  5. JLH

    JLH New Member


    When talking with the agency, take notes!!!

    Write down the date and time of your call, who you talked with, what you told him/her, and what his/her replies were, etc.

    Note exactly what your settlement agreement was, etc.

    You never know when you may need those notes!!!

  6. doxygirl

    doxygirl New Member

    I think your right...........it has been about 6 years since I used the card and at least 5 since I stopped paying....the problem is I got served papers they were suing me.......the papers said the court date was in March.....but it was really in Feb so somehow it got documented wrong.......

    unfortunately for me I was prepared to have it paid before the court date but since it was wrong on my served papers I missed the date and they already have the judgement ......now I was served a summons for them to collect on the judgement......

    Iam completly disabled right now fighting the mold exposure problems not that having dd isn't bad enough....but when they came after me I had a full time job......Iam sick and not working now......so I have no imcome.....

    what Iam worried about is them trying to take my car....if they put a lien on my house that is not so bad because Iam going to pay this.....and the lien will come off....

    So..........I already have the judgement against me...and now I have a summons for court so they can collect......they ovbviously found out I was working full time and thought they would get it by garnishing my wages...but since that is NOT an option.......Iam assuming they will place a lien on my home?????

    The total amount of the card was 1100.00 and now they added interest and court fees so it totals 2400.00!

    My husband and I have worked so hard to get our finances in control and were on a roll until I got sick from my work that had mold and made me very ill......

    now it seems like it is back to square one....sometimes I just want to bang my head against the wall in frustration....I can't help but feel sometimes like it is just fate to be poor and struggling?

    Iam not giving up.....Iam a fighter ......I am just so tired of worrying about money!

    Thanks for trying to make me feel better

  7. rockgor

    rockgor Well-Known Member

    Haven't talked to you in a while.

    I'm sorry, but I'm no help at all here.

    I don't even know much about the areas of law I use to practice. Too many changes since I retired.

    I hope you have some good luck and get a friendly judge.

  8. doxygirl

    doxygirl New Member

    It really means a lot your trying to help me!

    I just wanted to say that the collection company already has the judgement....I was tricked .......they put the wrong date on the papers I was served....so I missed the court date.......

    I also was already served a summons to go to court so they can collect.....so do you think I can still work something out with them?

    iam hoping that I can because I only have a few more days until I will get in trouble with the court....they gave me 30 days to show up from the summons...

    I have been waiting for a check that will enable me to pay this.....unfortunately I am not going to get it for another two weeks.....and Iam worried...I can't sleep.....

    I truly want to take care of this.....but I have been out of work for almost three months with no income ( my employer broke the law and didn't have workers comp so I have had to get an attorney to help me fight for my UEF benefits).

    Just another mess in my life......

    thanks for your advice and post it means a lot to me!:)

  9. doxygirl

    doxygirl New Member

    this is so embarassing to talk about but it has been bothering me so bad I can't think straight!

    Iam so grateful that I can come here with the truth and still be cared about!

    Thanks you Janet and Linda for trying to help me feel better!

    I am trying so hard not to worry but I don't know what they might try to do...and I don't want to lose my car or my home!

    Thanks again
  10. doxygirl

    doxygirl New Member

    It's so nice to hear from you!;)

    How are you feeling these days?

    It's ok that you can't help me....I'm sure it will all work out.....Iam just so physically weak...and sick....on top of everything else I have a bad cold ....throat has been sore for almost 8 days now...and laryngitis..so the stress of this isn't helping..........

    Iam hoping that I don't have to go to court....because ir is just for "collection" and I don't think if I have to go to court payments will be an option,,,,,,I think this is past that.....I

    thanks for posting to me.........write to me soon and tell me whats going on with you, how your feeling etc....I'd love to hear from you!

    thanks again for writing to me!

  11. JLH

    JLH New Member

    It won't hurt to call them and see if you can work something out with them. I doesn't hurt to try!!!

    Hopefully, you can. If not, you might just have to go to court and then try to "calmly" work out a deal with them--like the one that you would have wanted to work out over the phone.

    Offer them a 40% settlement on the debt at first--just to start--kind of with the "sympathy" voice because so much as happened since the time of the debt, etc. Then, they will say "NO" of course, then ask "how about 50%" -- always use the dollar figure, though, and NOT the percentages!!!

    Pre-figure what 40% and 50% of the debt will be so you can recite it during your "plea"!

    Or ... when trying to reach a settlement, ask them if they will accept the dollar amount of your original debt ($1100) and forgive the interest and court fees!! That would be a good deal because your $1100 is less than 50% of your total debt of $2400!

    And .... yes, my in-laws have the worst daughter in the world. She not only opened up all of these credit cards in their names, but she was responsible to pay their utility bills, etc., and did not. When she skipped down, they were getting shut-off notices on their phone and electric!! We had to pay HUGE electric, gas, and phone bills in order to pay up their accounts and keep service. The only bill that she did pay monthly was the DirecTV bill so she could keep watching TV! Of course, they were ready to shut the electric off and she wouldn't have been able to watch any TV then!!

    We have had to spending a whole lot of money out of own pockets to get them straightened up. She would also be at the mail box when it was delivered on the 1st of the month to get their Social Security and Pension checks--and, yes, she stole them, cashed them, and spent all of it on drugs.

    His mother would call us and the other son for money for groceries, etc. We also would take them down their supper each night. It's a real shame when drug addicts do this to their own families.

  12. morningsonshine

    morningsonshine New Member

    Do not miss your summons date, or if to sick call the clerk of courts and let them know.

    And if you still have that piece of paper with the wrong date on it, use it to your advantage.

    It's always better to face these things head on, and let people know your willing to take care of the problem as best you can, than try to hide from it.

    They will try to work with you and treat you better that way.

    Sorry you are getting hassled by this i know how stressful it can be.
    We ended up with back taxes on our house a couple years ago that we were unaware of. (Long story too)
    They had added on all kinds of interest and fines, but when they knew we were willing to pay ASAP they dropped all the extra fees.

    We were really thankful.

  13. joyfully

    joyfully New Member

    Between all of us, we probably cover just about any occupation you can think of. When a member needs help, SOMEONE on this board will have previous experience and help you find your way. Soft hugs. Joyfully
  14. doxygirl

    doxygirl New Member

    I was just thinking the same thing as you!
    I have NEVER been let down by this board of the best people in the world!

    There aren't words to say how grateful Iam for each and every person here......I have gotten my son who has "aspergers" diagnosed due to the unselfish and knowledgeable people here.......

    I have been given honest and gentle advice and comfort through some of the roughest times in my life....I really think the "family" members here are a GODSEND and I honestly don't know what I'd do without everyone here....

    I know for me ..............it always makes me feel better when I can help someone here....even if it is just a cyber hug letting them know I care..........giving makes me feel so good.......much better than taking........however for each and every person that has given to me I am grateful and wish I could find enough words to send the love back to each one...that has been there for me neverending!

    Thank you to each one of you who posted here on this post......I got the answers I needed and more than that I got support that was NON judgemental and people showed they care about me more than just what I have, don't have....and can look beyond the unperfect situation I live in ...........

    My heart thanks each and everyone of you....THANK YOU SO MUCH!

    Love and hugs
  15. doxygirl

    doxygirl New Member

    I wanted to add that I faxed the company that sued me ( collection company) just today ( I was too sick to go out yeaterday ) anyhow.............

    I told them that I had hoped to have this settled before interest and other charges were added on to this account...but due to health issues beyond my control kept me from being able to do so.......I also told them that I wanted to settle this as ammicably as possibe.....

    that even though I cannot work right now because Iam too sick that I would like to offer a payment in the amount of the original debt total.......

    then I added if I didn't hear from them within 24 hours I would consider that they accepted my offer and I would accelerate my payment as stated to them within the time frame I promised...........

    I had to fax from our local staples store.....so I will check tomorrow to see if the accept or not...........
    PLEASE, PLEASE, PLEASE, keep positive thoughts for me so I don't have to go to court and pay twice the amount I offered!

    Even though they already have a judgement Iam hopeful that they "WILL" work with me!

    PLEASE read the post above this one....I want you all to know how grateful I am for all of you who have supported me and tried to help get me through this!

    [This Message was Edited on 04/19/2007]
  16. JLH

    JLH New Member

    Please update us when you find out if the collection agency is willing to work with you. I'm just curious if they will be as helpful with you as they were to me.

  17. doxygirl

    doxygirl New Member

    I definately will let you know one way or the other....Iam keeping positive thoughts!;)

  18. 69mach1

    69mach1 New Member

    i am so sorry about your situation.

    my advice would be to call a local bankruptcy attorney and they usually will give you free legal advice over the phone. you possibly be able to just file bankruptcy, that w/between you and your attorney. sometimes it is better to that in the long run...i don't and am not getting personal on the amount...but every state has different laws concerning these things.

    and if it is over a certain period the company may not be even legally able to come after you for the money....not sure what the new california laws are, but you could google it and may get some information as well to quall your mind some.


  19. doxygirl

    doxygirl New Member

    Unfortunately it is too late for that......I should have fought this...it has been over five years since I used the credit account so the statue of limitations is up ...but I was working so many hours...and was so very sick with the mold in my head...that things just weren't clear...and I didn't feel like I was able to fight!

    I still don't but....whatever.....Iam just so tired.......of everything right now!

    It is so true that money is the root of all evil....it is the thing that MOST............NOT ALL.......people care about!

    I want to know how your doing Jodie.............write to me when you can ok and fill me in on whats going on with you..........I miss talking to you!;)

  20. doxygirl

    doxygirl New Member

    The title is "To: JLH aka: Janet"

    Everything went well and things are going to be settled soon!

    Thanks to all of you for being here for me.......I want you all to know how much it means to have the support I do here......if it weren't for all of you I don't know what I'd do......

    I have never been let down here............and I want all of you to know that I hope I can give that back to all of you when you need it..........

    Thank you all!