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Advice

Member

Advice

I have a judgement against me for an apt I left early, in late 2010,  They sued me without my knowledge and I was never served with a summons to appear in court so they were awarded a default judgement.  I'm assuming before they sued me they sold(?) my account to a CA who has been reporting the debt ever since, and still remains listed on my credit report for more than double what they were awarded in the default judgement.  When I found the judgement on my credit I immediately paid the amount owed ($600) and have been writing letters to the company that sued me for a GW to vacate.  I am furious about this considering the fact that I had a deposit of two months rent with the complex I was living in, and left the place nice and clean.  Which is probably why they only awarded $600 to them by default and not what the CA is after (almost $1500).

 

What can I do about the CA that is trying to collect over twice the amount the OC was awarded? 

 

 

 

Message 1 of 9
8 REPLIES
Epic Contributor

Re: Advice

Once the judgment was satisfied, the CA should have updated the balance on their account reflecting the payment.

 

Depending on your state laws and the original agreement, they can add fees and interest.

 

Are you sure they sold it the account?  If they did, they could not have sued you, only the owner of the debt can do that.

Message 2 of 9
Member

Re: Advice

To be honest, I'm not sure if they sold it or if the CA thats reporting it was hired to just collect.  I've been pondering calling them to clarify why they are reporting it like this.  Should I write a letter to the OC that sued me and ask them to clarify it with the CA?  Should I write a DV to the CA?  I tried disputing, but it came back verified and now I'm at a loss for ideas. 

Message 3 of 9
Member

Re: Advice

Note:  I can tell you that the CA has been reporting the opening acct date as three months after the judgement was awarded.  So they sold the judgement? And the CA wants way more money?  Does that make sense?

 

Either way I paid the judgement off, but not until I found it, which was three months after the CA has been reporting.

Message 4 of 9
Epic Contributor

Re: Advice

First I would contact the court clerk and ask for copies of everything about the judgment.

 

On your CR who does it say sued you, the OC?

 

When was the CA account reported to the CRAs, before or after the judgment?

 

I would contact the OC and ask them when it was sent to the CA and for how much and if they reported the satisfied judgment to them.

Message 5 of 9
Epic Contributor

Re: Advice


clvlander wrote:

Note:  I can tell you that the CA has been reporting the opening acct date as three months after the judgement was awarded.  So they sold the judgement? And the CA wants way more money?  Does that make sense?

 

Either way I paid the judgement off, but not until I found it, which was three months after the CA has been reporting.


They could have sold the judgment or assigned it to the CA to collect.

 

Either way, if you satisfied the judgment the CA needs to reflect that payment.

Message 6 of 9
Community Leader
Epic Contributor

Re: Advice

Who specifically was the judgment creditor, the OC or a subsequent debt collector?

 

The prevailing plaintiff would necessarily have to be shown in the judgment, so there should be no mystery as to who owned the debt.

 

What a debt collector can atttempt to collect is limited by FDCPA 808(1) to only amounts specifically authorized in the agreement creating the debt, or otherwise permitted by law.  If the judgment was for amount X and you paid that amount, then they were required to notify the court that the defendant has satisfied the judgment.

I would be sure that the judgment did not state entitlement to other fees or interest before concluding that it has been satisfied.

 

If they are continuing to assert amounts due beyond that of the judgment, they must be able to justify under the laws of your state specific statutory authorization for any such amount.

 

They were required under FCRA 623(a)(2) to have also promtly updated their credit reporting to show all amounts paid.

If they did not at least do that, they not in compliance with the FCRA.

 

However, if the reported what was paid, but are continuing to assert additional amounts still due, their reporting would, at least in their view, not knowingly be inaccurate, and resolution of the legality of their attempt to collect any additional amounts would requrie, per FDCPA 808(1), some provision of your state law that entitles them to any such amount.  You need an itemization of what they additionally consider as permissible under your state law.

Message 7 of 9
Member

Re: Advice

Yea the OC sued me.

 

The CA reported three months after the judgement was awarded. (looking at it right now)

 

I appreciate your thoughts on this, I wish I had found these forums a year ago.  So many helpful people.

Message 8 of 9
Highlighted
Member

Re: Advice

Do you think a dispute explaining the FCRA rules you mentiuoned do any good?  Or how would I go about finding the Texas state laws that pertain to this?

Message 9 of 9