default judgment

What is the name of your state? Florida
Recently learned of a default judgment against me for car repo. Got first letter from a Attorney that says he is "debt collector" for Chrysler. I obtained my credit report and see another collection agency trying to collect same debt. Attorney sending me garnishment /interrogatory declaration/exempt asset papers. I replied to all papers. I contacted Chrysler due to conflicting entries regarding this on credit report. They transferred me to collection agency and I set up $75.00 monthly payments (for 3 months), they took first payment out of bank account last week.They will set up something else they said, come December. I informed them of this Attorney and they took down his name and said they would contact him. I sent him a letter stating I contacted Chryser and made payment arrangements with the other collection agency. It apparently infuriated him.
I received court papers today that he filed that I never answered previous papers and now wants production of documents for aid in execution. He is making believe I never wrote him! What do I do?

sweetpea7253 said:

What do I do?

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Contact the court and find out who the judgment creditor is (owner of the judgment). Then, contact that person... and ONLY that person, and make arrangements to pay the judgment.
Your payments to anyone else will be wasted as the judgment is the ONLY real debt you owe.... and no one but the judgment owner can file the satisfaction of judgment.... to show you have paid it.

thanks.....Chrysler is the Judgment creditor. When I called them, they told me the Attorney AND the collection agency that I'm paying are "handling" the account and that "they" need to work it out together....which leaves me stuck in the middle. Attorney is filing for wage garnishment and collections is accepting payments! I guess each wants their "cut" of the action. The attorney is the same one that filed the original judgment for Chrysler. How would I let the court know that I did file responses to the Attorney that he is denying and that I am making payments?

sweetpea7253 said:

thanks.....Chrysler is the Judgment creditor. When I called them, they told me the Attorney AND the collection agency that I'm paying are "handling" the account and that "they" need to work it out together.

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I can't stress enough how this puts you in a bad position. Unless you get their 'instructions to pay' somone else in WRITING, from THEM.... it is likely that your payments could be challenged. And the ONLY one who can file a satisfaction is the judgment OWNER or their attorney. Either deal with Chrysler... or with the attorney (and even then, ONLY with Chryslers written 'authorization'). I can't recommend making ANY payments to the 3rd party collector.
Again... get ALL of this in writing.

Attorney is filing for wage garnishment and collections is accepting payments!

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Write the attorney a letter explaining the circumstances and your agreement with the 3rd party collector. Send payments to the attorney ONLY.

I guess each wants their "cut" of the action. The attorney is the same one that filed the original judgment for Chrysler. How would I let the court know that I did file responses to the Attorney that he is denying and that I am making payments?

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File a motion with the court challenging the garnishment. You want to get those payments (made to the 3rd party collector) on the court records.

oh,thanks alot. I feel much better now. I was getting all worked up. Thanks for the good ideas! It gives me something to try. I thought of going to a Lawyer, but didn't want to if I could work it out without one. I just didn't know where to start. I was afraid I would do the wrong thing and make matters worse. I had a "bad" feeling after I gave the collection agency my bank account number and agreed to 3 months of payments. I knew I should have had them mail me a written agreement, and I didn't ask them to. As soon as I hung up, I knew I made a wrong decision. Thanks again.