Judgment help

[eyva0604]

I have a judgment against me from an apartment complex I signed for a relative.  The amount is for about  $3900 and the  judgment is owned by the complex . I also have a $5600 baddie on my report from a separate collection agencies (Hunter Warfield) for the same debt! This one is $5600 due to "fee's" from Hunters Warfield.  I am going to the court house to file a motion to vacate as they never served me, but can the CA go after me too for the same debt ? And ask for $2000 more than the judgment? 

[eyva0604]

I forgot top mention I did DV the CA and they sent me a copy of the lease and a bill with their Fee's..., BUT again I already have a jugement against me for the same debt from the OR. HELP!

[apriestl]

This is a tough one...I don't think they can double collect like that.  Has the OC tried to garnish you yet?  I would call your local court house and ask.  I would also call the OC and talk to them after you have an answer from the court.  Maybe you can get the OC to call off the CA.  They do sound pretty aggressive and if you attempt to vacate and they show up with proof and the lease you might not get it vacated.  If you move to vacate for not being served  and win it still might not get you out from under the CA. 

Where is your relative in all of this?  You could satisfy the judgment or work something out with the OC and then get it vacated after satisfaction.  They are much less likely to fight it if the debt has been paid.  Unfortunately they have verification that is valid.  If I were you I'd see an attorney for consultation.  Consults are usually free or the fee is small.  They can give you advice on what to do based on your state laws.  Depending on your situation, if you have bad credit and many other debts, bankruptcy might be suggested.  Everyone's situation is different, but speaking from experience...judgments paid or unpaid kill your credit score.

[rckstrscott]

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@apriestl wrote:

This is a tough one...I don't think they can double collect like that.  Has the OC tried to garnish you yet?  I would call your local court house and ask.  I would also call the OC and talk to them after you have an answer from the court.  Maybe you can get the OC to call off the CA.  They do sound pretty aggressive and if you attempt to vacate and they show up with proof and the lease you might not get it vacated.  If you move to vacate for not being served  and win it still might not get you out from under the CA. 

Where is your relative in all of this?  You could satisfy the judgment or work something out with the OC and then get it vacated after satisfaction.  They are much less likely to fight it if the debt has been paid.  Unfortunately they have verification that is valid.  If I were you I'd see an attorney for consultation.  Consults are usually free or the fee is small.  They can give you advice on what to do based on your state laws.  Depending on your situation, if you have bad credit and many other debts, bankruptcy might be suggested.  Everyone's situation is different, but speaking from experience...judgments paid or unpaid kill your credit score.

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The judgement, and the collection account are two different issues, and 100 percent within the law to list like that. I had a similar issue with Fair Collections and Outsourcing, who happen to have the same parent company as Hunter Warfield. (I also dealt with Hunter Warfield, but that is a different situation)

The OC sued you for the debt and won. More than likely it was a default judgment because you didn't show up to court. As indicated, you were not served but you need to go to the courthouse to see. In my situation, I was legally served in my county even though I wasnt given paperwork (they placed something in the newspaper)

After they secured the judgement, they hire hunter warfield to collection. Hunter Warfield is not charging 2k in fees on their own, the apartment complex creates the fees from what they can legally charge you on the lease. 

If you satisfy the judgment with the OC, they will file the satisfaction with the court, and send the satisfcation to hunter warfield and they will stop collections and mark it as paid. If you pay Hunter Warfield, as soon as you pay them, they contact the OC, and the satisfaction will be issued.

Now, if you VACATE the judgement based on improper serving, the debt still exists, and hunter warfield will still show but the judgement will be removed from your reports.

What state do you live in? 

-scott

[eyva0604]

I live in Massachusetts, I'm not sure what proper serving is here I will have to do some investigation!

[eyva0604]

This is all I can find ... What does it mean????? I'm so badd at this!

Upon an individual by delivering a copy of the summons and of the complaint to him personally; or by leaving copies thereof at his last and usual place of abode; or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by statute to receive service of process, provided that any further notice required by such statute be given. If the person authorized to serve process makes return that after diligent search he can find neither the defendant, nor defendant's last and usual abode, nor any agent upon whom service may be made in compliance with this subsection, the court may on application of the plaintiff issue an order of notice in the manner and form prescribed by law.

[justrock]

It means if they can't serve you personally, and they can't verify an address to do a "nail and. Mail" , then they can serve you by publication, which is putting the notice in the newspaper.

[eyva0604]

OK, well that stinks!  So which is better contact the OC  the CA or the lawyer? I don't have the money for a PIF. Do they ever do payment plans? or should I just save until I have the judgment amount then call? If they have a judgment for $3900 I don't have to pay the Hunter Warfiled amount oof 5600 do I ?

[eyva0604]

Also what happens if I contact Hunter Warfield and get a reduced amount say 2800 which is %50 of what they say I owe and 900.00 less than the judgment. Will that still satisfy the judgment on the oc end?

[guiness56]

For the judgment contact the OC and ask them if they will take a settlement.  They may refer you to the attorney.  Yes you can settle a judgment.  If you settle with the CA that should also settle the judgment.