Judgment Settlement- Need advice!

[Anonymous]

I have a default judgment from CACH LLC via Daniels, Norelli, Scully and Cecere (NY) from 2012. I found out about it through my credit report since I was never served with paperwork.

I just got off the phone with them because I am looking to settle this once and for all.

Original amount is $1535, they are claiming that with interest it is now $2835.57. I asked for a settlement and they said they could accept $1700 plus $85 for poundage for the Marshall becuase apparently they have a wage garnishment order against me (which we have not received at work, I am the one that handles something like that). Also, claiming that they got affirmation in writing from my employer that I am currently employed here (also a lie since I would handle that). 

Anyway, they will take the $1700 plus $85 but they need it by tomorrow becuase it is the end of the month. They would not send me the letter via snail mail since it will have a due date of today. They were trying to pressure me to call in payment without having anything in hand (not happening). They said they would email it instead. 

She claims that if I do not pay by tomorrow they can only settle to $2000. I think I have decided to push my luck and wait until Friday to call them back and tell them I cannot pay more than the $1700, is this a good tactic? Also, I will tell them I can only make the payment until I receive a letter signed by them in the mail. 

Also, she refused to help me get the judgment off of my credit report.

How can I proceed from here? I need any and all advice possible! I do not want them to actually go ahead with wage garnishment but I don't even know if that is true since they are notorious for lying. 

HELP! TIA!

[Anonymous]

in Texas wages cannot be garnished for credit card debt judgments, so i decided to do some research in new york because i was curious. I read something interesting on a law help type site that said this "In New York State, a creditor can garnish the lesser of 10% of your gross wages or 25% of your disposable income to the extent that this amount exceeds 30% of minimum wage. If your disposable income is less than 30 times minimum wage, it cannot be garnished at all."

The last sentence was interesting to me...might be worth looking into, or maybe someone more experienced here can weigh in. I think it was smart not to cave to their time pressure tactic, good luck to you!

[Anonymous]

Start throwing around the dreaded "BK" word and they may become a little more willing to negotiate.

Do your reports make you look like a potential BK candidate with your current income?

[Anonymous]

I make more than 30% of minimum wage so I won't qualify there. 

[Anonymous]

I don't think so, this is my one big debt, the other things are small. I guess I could still do this in order to see if they would come lower. I don't mind the $1700 what I do mind is the judgment sticking around. 

[Anonymous]

Well you'd be surprised how much more willing to negotiate a CA may become once they hear the word Bankruptcy... They may be able to pull your reports and see whats there, but they have no clue what your income is unless you tell them.

[Anonymous]

So, lo and behold, I did not receive any letter from the lawyer's office (It is kind of confusing becuase they say they are a non-attorney collecting agency). I call back to ask the letter to be mailed instead and all of a sudden they want 2300 instead of the 1700. We were on the phone for 30 mins. I kept telling them that is all I had and I cannot promise to pay anything more than that and they hit me with the wage garnishment crap again. Threatining that the company was going to have it's owe legal problems becuase they were not complying with the garsnishment, whatever. So I kept telling him that the 1700 I was offered is the most that I can pay and I wanted it in writing with an original signature via mail. Kept telling me he did not have that authorization for the approval and wanted to know if they cannot approve the 1700 can they send the letter for a different amount and I clearly stated NO a million times. Kept trying to get me to say yes so I assumed there was something wrong with that and did not budge. 

Now I wait and see if they send the letter. I am kind of thinking about going with my original plan and file a motion to vacate based on being improperly servied. They have my correct address on file but I never received any paperwork at all. 

What should I do? Any advice would be greatly appreciated. 

PS I also told them to cease all communication via phone. 

[Anonymous]

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@Anonymous wrote:

So, lo and behold, I did not receive any letter from the lawyer's office (It is kind of confusing becuase they say they are a non-attorney collecting agency). I call back to ask the letter to be mailed instead and all of a sudden they want 2300 instead of the 1700. We were on the phone for 30 mins. I kept telling them that is all I had and I cannot promise to pay anything more than that and they hit me with the wage garnishment crap again. Threatining that the company was going to have it's owe legal problems becuase they were not complying with the garsnishment, whatever. So I kept telling him that the 1700 I was offered is the most that I can pay and I wanted it in writing with an original signature via mail. Kept telling me he did not have that authorization for the approval and wanted to know if they cannot approve the 1700 can they send the letter for a different amount and I clearly stated NO a million times. Kept trying to get me to say yes so I assumed there was something wrong with that and did not budge. 

Now I wait and see if they send the letter. I am kind of thinking about going with my original plan and file a motion to vacate based on being improperly servied. They have my correct address on file but I never received any paperwork at all. 

What should I do? Any advice would be greatly appreciated. 

PS I also told them to cease all communication via phone. 

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You'll need to research your states legal codes for that. Some states require such filings to occur within one year of the judgement.

Cease communication (by phone) should be submitted in writing.

[Anonymous]

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@Anonymous wrote:

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@Anonymous wrote:

So, lo and behold, I did not receive any letter from the lawyer's office (It is kind of confusing becuase they say they are a non-attorney collecting agency). I call back to ask the letter to be mailed instead and all of a sudden they want 2300 instead of the 1700. We were on the phone for 30 mins. I kept telling them that is all I had and I cannot promise to pay anything more than that and they hit me with the wage garnishment crap again. Threatining that the company was going to have it's owe legal problems becuase they were not complying with the garsnishment, whatever. So I kept telling him that the 1700 I was offered is the most that I can pay and I wanted it in writing with an original signature via mail. Kept telling me he did not have that authorization for the approval and wanted to know if they cannot approve the 1700 can they send the letter for a different amount and I clearly stated NO a million times. Kept trying to get me to say yes so I assumed there was something wrong with that and did not budge. 

Now I wait and see if they send the letter. I am kind of thinking about going with my original plan and file a motion to vacate based on being improperly servied. They have my correct address on file but I never received any paperwork at all. 

What should I do? Any advice would be greatly appreciated. 

PS I also told them to cease all communication via phone. 

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You'll need to research your states legal codes for that. Some states require such filings to occur within one year of the judgement.

Cease communication (by phone) should be submitted in writing.

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I will call the courthouse today to see what is in in NY. 

If I cannot file a motion to vacate, should I just take whatever offer they make or do you think I have a chance to keep fighting?

[Anonymous]

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@Anonymous wrote:

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@Anonymous wrote:

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@Anonymous wrote:

So, lo and behold, I did not receive any letter from the lawyer's office (It is kind of confusing becuase they say they are a non-attorney collecting agency). I call back to ask the letter to be mailed instead and all of a sudden they want 2300 instead of the 1700. We were on the phone for 30 mins. I kept telling them that is all I had and I cannot promise to pay anything more than that and they hit me with the wage garnishment crap again. Threatining that the company was going to have it's owe legal problems becuase they were not complying with the garsnishment, whatever. So I kept telling him that the 1700 I was offered is the most that I can pay and I wanted it in writing with an original signature via mail. Kept telling me he did not have that authorization for the approval and wanted to know if they cannot approve the 1700 can they send the letter for a different amount and I clearly stated NO a million times. Kept trying to get me to say yes so I assumed there was something wrong with that and did not budge. 

Now I wait and see if they send the letter. I am kind of thinking about going with my original plan and file a motion to vacate based on being improperly servied. They have my correct address on file but I never received any paperwork at all. 

What should I do? Any advice would be greatly appreciated. 

PS I also told them to cease all communication via phone. 

---

You'll need to research your states legal codes for that. Some states require such filings to occur within one year of the judgement.

Cease communication (by phone) should be submitted in writing.

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I will call the courthouse today to see what is in in NY. 

If I cannot file a motion to vacate, should I just take whatever offer they make or do you think I have a chance to keep fighting?

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Well, thats a decision only you can really make, but I would definitely mention to them that "maybe my $1500 might be better spent visiting a BK attorney"