1999

[theknewguy2000]

What is the name of your state? colorado

My question is . I received a letter in the mail yesterday about a debt that had said it was a judgement that was issued back in march of 1999 and the total was 3k with 1k in intrest that had been growing at 8% since 1999. It said they had tried to contact me but i havent moved. I have pull credit reports and this has never been on it. I remember having a set amount being taken out of my check for a while and then it stopped. I had figured that it was paid since it stopped and i never heard anything about it. My question is , is there anyway to get this resulved with out having to pay the intrust? I didnt even know the bill existed and believe that this is sooo unfair. anything i can do?

 

[westvillagegirl]

State: Texas

If it said it was a "judgment", that means that a lawsuit was filed against you. You should know about this. You should have been informed that you were being sued. A document should have been delivered to you by a constable/sheriff.

You didn't say which type of debt it is. However, in Texas they can't force you to pay anything. They can only issue a "judgment" against you. This basically means that you will not be allowed to purchase any property without first paying the amount you were sued for. But, I know that state laws do differ on this. Some will take a certain percentage out of you pay check or tax return until the judgment has been paid.

You need to consult a bankrupcty attorney or a credit bureau for further advice. They usually give free consultations.

 

[Ladynred]

However, in Texas they can't force you to pay anything.

Wow.. who told you THAT fairytale ?? JetX would most certain DISAGREE with that since he enforces jugments for a living IN TX !!

This basically means that you will not be allowed to purchase any property without first paying the amount you were sued for.

Huh ?? Please.. state laws differ and even if this IS true in TX, its probably NOT true in CO.

Credit bureaus cannot help you with this and unless you want to file for bankruptcy, there's no point in consulting a BK attorney !

Ok.. here's what you do first. Call the courthouse and get a copy of the judgment case file. It should show what the judgment was for, the interest rate, and, if you're lucky, it'll also show payments and the balance remaining.
Once you know the facts and the numbers, then you figure out what your next course of action should be. If you still DO owe, you can likely negotiate a settlement for less. If you did get it paid off, then they have no business trying to collect on a paid judgment.

 

[westvillagegirl]

Texas

Well, I was told this by my attorney when I was suing someone over a debt owed me. He said that if the person couldn't or wouldn't pay, then the court issues a jugdment. In my case, I will probably never recover the money owed to me because this person is a deadbeat who will probably never own anything anyway. This is what my attorney told me. I have a judgment against this person and it has stood now since 1995.

I can pursue it again if I wish, but it will only cost me more money and nothing but a judgment will come of it. The attorney I used specializes in this type of litagation. So, I guess he was the one who told me the so-called fairy-tale.

Also, I have a friend who had a similar situation and a bankruptcy attorney gave her very good advice.

I am sure you know a lot more about this than I do. I was only speaking on personal experience and clearly it is certainly possible that I could have been steered the wrong way. The laws in Texas are definitely different than a lot of states, this I know and in some instances I wish it were not so.

 

[Ladynred]

Well, its hard to say what your attorney may have really meant when he told you they couldn't do anything to collect on a judgment. While its true they cannot touch your home or your wages, there are plenty of other options open to them to enforce collection of the debt - they just have to work a little harder at it

As for pursuing your judgment, you can't sue again on the same debt anyway. You have your judgment - and its good for a few years yet, I believe its renewable for a LONG time. Does he have a bank account ? You can levy it. You can serve him with interrogatories to find out where he banks and just about anything else you want to know.. and he HAS to answer them or be in contempt of court - and that can mean arrest and jail !

You're right, its not easy, but its not impossible if you want it badly enough - ask JetX