Do drop dead letters work for judgement collection attempts?

[Anonymous]

My current credit is excellent. I have an ~800 FICO score and I am working hard to keep things that way. Things were a lot different 6 and 7 years ago. Back then my credit was in horrible shape. I had received a judgement against me back in '08 for a credit card debt. For some reason, this judgement never made it onto any of my credit reports. I have no idea why. I've never paid that judgement, and I don't plan on it either. I am trying to put all that behind me. However, every so often I receive letters from CAs trying to collect on this judgement. I always just ignore these letters and throw the letters in the trash. I've never made any attempt to contact them.

Now that it's a brand new year, I am contemplating drafting a "drop dead letter" in hopes of stopping these collection letters from coming to my home. The only concern I have is whether or not a drop dead letter would do any good being that these letters are an attempt to collect on a judgement. Would it be worth trying?

[RobertEG]

They are a debt collector, so their collection activities are covered under the FDCPA.

Yes, you can send then a cease communication letter under FDCPA 805(c).

Decision as to whether to pay the debt is, of course, personal.

However, if ever asked for disclosure of any unpaid, delinquent debt, you would still be obligated to disclose.

Only satisfaction of the debt would really put it behind you, and could probabley be settled for pennies on the dollar.

[Anonymous]

The thing is, the original judgement was for around $2000. The recent collection letters say they want just shy of $6000.

[RobertEG]

You can make them a settlement offer at any level you desire.

If they accept, the debt is satisfied.

[Anonymous]

What state are you in? Rules regarding judgments vary from state to state. Some can be collected on for 20 years. Pretty much every state allows for at least one renewal before the collection time on it expires. If the collector finds your assets, bank accounts or employer they may possibly seize assets and garnish wages to the tune of 25% of your take home pay, if your state allows it.

Judgements are not something to be taken lightly...

[gdale6]

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@Anonymous wrote:

What state are you in? Rules regarding judgments vary from state to state. Some can be collected on for 20 years. Pretty much every state allows for at least one renewal before the collection time on it expires. If the collector finds your assets, bank accounts or employer they may possibly seize assets and garnish wages to the tune of 25% of your take home pay, if your state allows it.

Judgements are not something to be taken lightly...

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+1

[RobertEG]

The FDCPA santions cease communication letters, not "drop dead" letters.

They can still continue legitimate efforts to collect as long as they dont call or write.

Sending a cease communication letter on a collection after judgment may not be taken kindly, and could provide incentive for the prevaiing plaintiff to go back to the court ans seek an order for specific satisfaction of the judgement, such as by an order of ganrishment.

The court may not take kindly to any perception that you are not honoring their judgment.