Civil judgment and Collection for same account

[atisketataskets]

I broke a lease 6 years ago, and did not pay rent through the term of my lease.  The apartment community sued me and was given a default judgment of $835. 

I recently pulled my credit report and saw that I have the civil judgment for $835, in addition to a collection account for the same community for $2,938 (this was added a year after the judgment).  I would like to settle this debt as soon as possible but do not know if I should settle with the collection agency or pay the judgment.  I want to take care of one account and have it satisfy both the judgment and collection account.

I called the original creditor and they told me that the two accounts must be handled seperately. Do i really have to pay twice for the same debt?

The lady at the OC did not know if the debt had been "assigned to" or "sold to" the collection agency.

Any guidance I can get here is greatly appreciated.

[RobertEG]

I presume that the prevailing plaintiff in the civil judgment is also still the current owner.

If they are the same party, then the collection and the judgment are based on the same debt.

If you settle the debt, you pay the debt owed on both.

No, you dont have to pay twice on a single debt.

The only proviso is that the debt asserted by each could vary based on any additional amounts authorized above the principal amount of the judgment or collection.

Typical amounts might include interest, court fees, or legitimate collection fees.

Thus, they could request separate payments of any such amounts based on accounting required for each, but they cannot collect the principal debt twice.

[atisketataskets]

Thank you for the quick response RobertEG

Yes, the plaintiff is still the current owner (a corporate owned apartment community).  When I spoke to them today, they said I had to pay both the judgment $835 + $96 court cost and 5% interest, AND pay the collection account separately.  

I called to settle with the OC first, because the court said only the plaintiff could update the judgment to PAID. I was confused when the OC said that I would have to pay them and CA.  

Is the OC mistaken?

Can I pay the OC and have the Judgment updated to paid and have the CA updated to paid/settled? 

I'm afraid that if I pay the judgment the CA will remain, or if I pay the CA the judgment will remain. I need them both resolved quickly.

I haven’t been able to get any answers as to which account should be paid in order to get the desired outcome of having both updated as paid/settled in one transaction.

[RobertEG]

They can request separate accounting/payment of each.

However, payment of the principal amount and any common interest would apply to both.

Yes, they can apply separate accounting to each.

No, that does not mean that payment of an item common to both accountings must be made twice.

[atisketataskets]

Thank you  RobertEG, I appreciate you taking the time to respond.

[atisketataskets]

***UPDATE*** 3/6/17

I broke a lease agreement with 5 months remaining on the lease, and was told that i would be reponsible for monthly rent payments until they lease my apartment or through lease end.  I moved out and I paid rent for three months out of the five. (because they leased the apartment after the 3rd month).  I foud out recently that they had filed an eviction on the 1st month after  I moved out, when I had not paid rent by the 9th of that month.  However, I paid 3 days later (on the 12th).  I paid an additional 2 months rent after this eviction was filed, never knowing that they had filed one. They continued to take my rent payments.

Cut to 6 years later.  I have no documentation, other than the payments.  The apartment community is now saying that i owe them for the last two months and for discounts they gave me off of the monthly rent rate.  

What i did

Because I have limited records and I live out of state:

I contacted the original creditor. 

I obtained a copy of the judgment.

I was able to obtain a payment ledger from the apartment community that detailed the amount I owed in full.

Turns out, I had a total debt of $2984 that included the judgment amount and other fees that were accessed as a result of the non-completion of the full lease agreement term.  I paid a total of $2984 (the collection agency would not settle) to clear up both the judgment and the collection account.  *By clear up, I mean it now reads Satisfied Judgment and Paid Collection on my report.  This was a 6 year old debt.  I do'nt know that I would recomment this course of action except in situations where it is preventing the purchase of a home or leasing an apartment, as I believe the collection will report for another 7 years as of the date of payment.  But do'nt quote me on that.

Lesson:

If you have to break a lease - Get an agreement in writing 

Once you have satisfied your part of the agreement - Get another letter showing that you satisfied your part of the agreement.

Keep Records, no matter how long its been!