Judgement Collection?

Anonymous · ‎06-18-2015

A few years ago I was sued. I wont the first court hearing but the other person appealed and I lost that so I have a judgement. I have yet to pay this and the judge did not order any specific way or time for me to pay. He just told the other person they could try and collect this small claims however they could. Surprisingly it has never showed up on my credit reports and I think it's because the court (or anyone else) never had my social security number.

Fast forward to now and the other person has hired a collection agency of some sort to try and collect this. They basically threaten they are going to wreck credit, and all the standard collection stuff. I told them not to call and that they could mail me stuff. So they mailed a thing that says I owe this debt and that I have 30 days to dispute, etc, etc, or they will report to credit reports.

Couple quesions:

1. How can they report anything if they have no social secuirty number of mine?

2. They can't sue me because I already lost a lawsuit on this, correct?

3. My biggest concern right this second if that I have excellent credit and I don't want them to destroy that but I also don't have the ability to pay it right now. How should I proceed with this? I was thinking to send them a letter to not contact me for any reason (fdcpa allows this). Since they can't really sue me for the same thing again then what can they do assuming they can't wreck my credit somehow.

Any other tips or advice?

Anonymous · ‎06-18-2015

@Anonymous wrote:
A few years ago I was sued. I wont the first court hearing but the other person appealed and I lost that so I have a judgement. I have yet to pay this and the judge did not order any specific way or time for me to pay. He just told the other person they could try and collect this small claims however they could. Surprisingly it has never showed up on my credit reports and I think it's because the court (or anyone else) never had my social security number.

Fast forward to now and the other person has hired a collection agency of some sort to try and collect this. They basically threaten they are going to wreck credit, and all the standard collection stuff. I told them not to call and that they could mail me stuff. So they mailed a thing that says I owe this debt and that I have 30 days to dispute, etc, etc, or they will report to credit reports.

Couple quesions:

1. How can they report anything if they have no social secuirty number of mine? Name and address is usually sufficient to identify you.

2. They can't sue me because I already lost a lawsuit on this, correct? No, but they can seize bank accounts (if they find them) and they can request wage garnishments of your state allows it (and they find your employer), and they can place a lien on any property you own.

3. My biggest concern right this second if that I have excellent credit and I don't want them to destroy that but I also don't have the ability to pay it right now. How should I proceed with this? I was thinking to send them a letter to not contact me for any reason (fdcpa allows this). Since they can't really sue me for the same thing again then what can they do assuming they can't wreck my credit somehow. What they can or cannot do to your credit depends on how old this is and what the suit was all about.

Any other tips or advice?

Anonymous · ‎06-18-2015

You have already been sued and lost. The letter from the agency appears to be a form letter and offers little value in the way of information.

The question is if the agency has an attorney on staff who can practice law in your state. If so, be careful of what Norman advised.

Honestly, you're lucky it's not being reported if there is a judgement. If the debt has been validated through the courts, you're screwed unless you can set up a hearing with the judge to contest the judgement (you have already lost once). Call the agency and set up minimal payments when you can if it's only a few years old. It's better than being garnished in the future (I've had all the funds withdrawn from my bank in the past. It sucks and employers subconsciously don't like seeing wage garnishments against their employees).

Anonymous · ‎06-18-2015

Additionally, you answered the original suit. It's not going to be difficult for the company to validate your identity with or without a social security number.

RobertEG · ‎06-18-2015

The cease communicatin provisions of FDCPA 805(c) do not apply to communications from a debt collector that are notice to the consumer that they attempt to invoke a specific remedy normally available to them, such as seeking a writ of execution of the judgment (e.g.., attachment of assets or garnishment of pay).

You cannot prevent them from continued communications related to such legal actions they might seek to invoke.

Yu have court validation and order to pay. If the judgement does find its way into your credti report, it may remain until their period of enforceability of the judgment has expired. I would seriously consider satisfying the judgment rather than attempting to prevent their communication with you.

Overt attempts to cut off their collectino activities, in my opinion, is not apt to please a judge who has ordered payment of the debt should they go back to court and seek a writ of satisfaciton.

Anonymous · ‎06-18-2015

I have a judgement that is 6+ years old. Satisfy it. Nothing worse than a judgement!