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Input for LVNV Garnishment vs Judgment Settlement

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Anonymous
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Input for LVNV Garnishment vs Judgment Settlement

Need help and guidance to stop LVNV Funding who is being represented by Stenger & Stenger  on a default judgment.  The original creditor was Best Buy account date of actual default with credit is unknown.  The amount that would have been defaulted was no more than $500.  This was in collections with small companies for years being sold from one to another.

 Arrow Financial attempted collection for a few years as well and then finally requested a judgment against me back in 2008.  First they filed to the wrong county that I don’t live in back in 2007 and that was dismissed.  They filed in the correct county in 2008 and the court granted a default judgment  (4/20/2009) against me. 

In Jan 2012 Sherman Originator III LLC made a pleading to advise that they were now the holder of the claim of a Bill of Sale 09/23/2011 from Arrow Financial.  Sherman attempted on 3 separate occasions to levy a checking account with no funds in it. 

 

On 11/21/13 LVNV made a pleading advising they were now the holder of the claim by Bill of Sale dated 12/30/2011. (Yes these dates are right by the court records and filings)

 

On 1/3/14 the LVNV made an attempt to levy the checking account.  The bank notified the court at that time the account had been closed for no activity.

 

So life moved on and on 11/29/16 Stenger and Stenger now held the file and advised the court that they were the new counsel.  On 12/5/16 Stenger on behalf of LVNV filed to Revive the judgment.  On 1/11/17 Court granted a conditional order reviving the judgment.  The reviver stated that the account went dormant 4/20/2014.  It is stated that the judgment shall revive in the amount of $1587.94 plus interest at a rate of 5%, as requested by Plaintiff’s counsel/by order of the Court/as per the original judgment, per annum and court costs.  Interest shall not accrue during the period of dormancy.

 

On 2/11/17 I received a for a Notice of Court Proceeding to Collect Debt stating that I have 15 days from the mailing (2/8/17) to respond by this form to prevent garnishment of my wages and that failure to respond will cause them to go back to court to garnish my wages.

 

I am barely able keep my head above water and really just want this to be over.  I always thought a judgment went away after a 7 SOL but have since researched and really cannot afford the stress another day.   My employer will definitely find an alternate way to terminate me without citing the garnishment as they have done to so many others in our company.

 

I just want to settle this.  In the opinions of others do you think a settlement in the amount of $1000-$1200 ( I have managed to borrow money from several relatives but this would be the max I can come up with) would stop them  or should I just let them continue their harassment and garnish my wages and lose my job and then they don’t get  a small portion.

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2 REPLIES 2
Anonymous
Not applicable

Re: Input for LVNV Garnishment vs Judgment Settlement

How are they harrassing you?  They have the legal right to collect.

Message 2 of 3
RobertEG
Legendary Contributor

Re: Input for LVNV Garnishment vs Judgment Settlement

You can always contact them and offer a settlement for less.

They can either accept or continue to seek the entire amount  by way of an additonal order of the court.

 

They can extend the period of enforceability of the judgment, potentially indefinately if the owner continues active efforts to collect on the judgment, so it could follow you after you obtain new employment.  Thus, termination of your current employment wont necessarily end their attempts to force payment of the debt....

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