Debp Collector and Judgment

[Anonymous]

A debt collector agency sued me in 2006 and worked out a deal with me to pay $40 a month. I stopped making the payments and a judge issue a judgment against me. The collection kept calling me and asking to settle for half of the amount. What should I do? Also he told me that the state of Florida will charge me an 8% interest if I don’t settle the debt. This was a debt since 2002 and they are still trying to collect money from me. Can they report it to the credit bureau? Can I challenge it if they were to report to the credit bureaus?

[Jazzzy]

Couple of pieces of information we need...

What is the date of the judgment, and how long are judgments are good in your state? Does this show on your credit report as a judgment? Did it ever show from the collection agency?

It is true that interest does add up on judgments. That doesn't mean they can always collect it, however.

When you ask if they can report it to the credit bureau...is it there now in any way?

[Anonymous]

The judgment was issued in July 2009, and it is good for 20 years in the state of Florida. No, it is not showing in my credit report. I have not seen a copy of the Judgment; I asked them to forward a copy to my new address. 

I did not even know that there was a judgement against me. They send the paperwork to my old addresss, and I never received it until they gave me a call last week. 

[MattH]

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@Anonymous wrote:

The judgment was issued in July 2009, and it is good for 20 years in the state of Florida. No, it is not showing in my credit report. I have not seen a copy of the Judgment; I asked them to forward a copy to my new address. 

I did not even know that there was a judgement against me. They send the paperwork to my old addresss, and I never received it until they gave me a call last week. 

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Call a local lawyer first thing Monday morning.  The big legal question is whether they can prove that you were properly served with a summons before the trial that led to the judgement.  If they can prove that you were properly served with a summons and you failed to appear in court, then you basically have no choice but cough up the dough.  If you can prove that you were not properly served with a summons, then your lawyer can probably get the judgement vacated.  But all this will depend critically on (1) the precise facts of the case and (2) Florida local law.  Only a local lawyer will be in a position to determine the best action in your situation.

At any rate, time is not on your side here, every day of delay before you consult a lawyer could make your situation worse.

Message Edited by MattH on 02-06-2010 07:07 PM