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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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A few years ago, I received a Judgement against me stating

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A few years ago, I received a Judgement against me stating I was responsible for a check written in 2005, that I know I paid off. I was not able to find the receipt and call the company that I had written the check too. I asked if they could research it on their end I was told they no longer had those records once and the next time told that it was out of their hands that I needed to deal with the collections company. I received the call from them letting me know that I had the check and went into the company and paid it. I never received a letter from them nor did I received anymore phone calls or any other correspondence but the matter had been taken care of two or three years after I received this judgement. So I called the company about it and asked for copies of what they had he told me to call the company and I told him I did and explained to them what they told me. I also asked why I was not contacted about the court appear when this judgement was obtained and he told me that it was my problem and I needed to pay this or else they were going to garnish my wages. I asked him again to submit to me all the information about my account so that I could take care of this matter. He told me he didn't have copies of the check and that I know that I owed it and to just pay it. That he wasn't going to send me copies and that he didn't have to send them to me. He also said he didn't have a copy of the check he just had information from the company to collect. Again he told me it is my responsibility to prove that I paid it not theirs. I told him I wasn't paying for something that was already paid for. After that I didn't know what to do so I contacted the store again and she said that the information was at the collection agency. So I called them back and told them they needed to send me a copy of what they had so that I can research it because I know that I had paid it. They said they didn't have too. So I thought they were full of it. I haven't done nothing about it. Here a year or so later I just received a letter from them stating I still owe them. The check was for 213.40 they tacked on fees of 614.20, collection fees of 750.00, and additional judgment charges and interest of 870.47. It states that the fees for court cost including accruing cost was 1,364.20, and judgment interest 870.47. Anyway total was at 2,448.07. Since I cannot find my receipt what rights do I have. I think the check was written in 2005 or 2007 not sure because they will not send me the information. I am not sure what to do now.
Submitted: 9 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 9 months ago.

LegalGems :

Hi! LegalGems here. I'll do my best to assist you.I can only provide general information, so a follow up consult with a private lawyer is recommended. I am sorry to hear of this. It sounds like they got a Default Judgment. This is a judgment that the court enters when the defendant does not show up - the court will assume that everything, as represented by the plaintiff, is true, as there is no one to object to the contrary. As such the court enters a default judgment for the amount of money requested by the plaintiff. If the plaintiff did not receive proper service, they can file a Motion to Vacate Default Judgment in the court that issued the judgment. Generally courts like to see a party get their "day in court" so if service was improper they will generally vacate the judgment. The creditor then has the option to pursue it again in court, assuming the statute of limitations has not expired. Also, the plaintiff has the Burden of Proof, meaning that if they cannot prove the debt is valid, or that the defendant is the one who owes the debt, then no judgment is issued, and the case is dismissed. In Oregon, the statute of limitations for a debt is generally 6 years http://www.statuteoflimitations.net/oregon_statute_of_limitations.htm so it is likely that if the motion to vacate is successful, the plaintiff will be barred from filing a subsequent law suit. Here is a sample Motion to Vacate Judgment. http://courts.oregon.gov/Coos/docs/MotiontoVacateJudgment.pdf

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Expert:  LegalGems replied 9 months ago.
I hope you found the information I provided useful.
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