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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33102
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I have judgment against me for 8000 dollars but the collecting

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I have judgment against me for 8000 dollars but the collecting agency saying it is 14 000
I want to pay off debt
What to do and how much I should offer as a sum lump
My lawyer already offered 4500 but they did not respond
Judgment was on HOA I did not know till I did not pull my credit report
Thanks

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

What do you mean you did not know until you pulled credit report?

Dwayne B. :

Did you not know there wasa judgment or not know you had been used?

Customer:

I did not know there is judgment

Dwayne B. :

But you knew you had been used? You were served, etc?

Dwayne B. :

sued, not used

Dwayne B. :

sorry

Customer:

No I moved out out condo and filed bankruptcy and thought everything will be clear

Dwayne B. :

I'll be right back, have to step away for a minute.

Customer:

I think it was maybe 2 or 3 years ago but condo foreclosed this year

Customer:

I will pay that 8000 but why 14000

Customer:

My lawyer is so slow

Customer:

I am trying already a year to settle and nothing and now I cant buy house because of that

Dwayne B. :

Sorry. I'm back.

Dwayne B. :

Are they saying the extra amounts are for collection fees?

Dwayne B. :

And do they know you are trying to buy a house?

Customer:

No they do not know but I have only two week till closing and I have to bring the paper that I paid

Dwayne B. :

Is the judgment for $8000?

Customer:

I cant wait on my lawyer anymore

Customer:

yes

Dwayne B. :

That's what the facts sat but I want to verify.

Dwayne B. :

OKay, you should be able to pay the amount of the judgment plus interest at the most and get the judgment released through the court.

Customer:

I have to call on Monday and take care of that but I have no idea how

Dwayne B. :

You could also have another lawyer, one who does bankruptcy, write them a letter and explain you are "looking into" bankruptcy and make an offer. That often gets them to settle.

Customer:

how long will take

Dwayne B. :

What you have to do is put the amount of the judgment into the registry of the court via a motion and ask the court to release the judgment. The lawyer will have to file a formal document with the court but its pretty easy and can be done quickly.

Dwayne B. :

A week or so.

Dwayne B. :

Depending on the lawyer and the court.

Dwayne B. :

You may have to get a hearing set on it, depending on the judge.

Dwayne B. :

Some will just sign the release of judgment document and some want a hearing on it.

Customer:

what if I want to go in the office and just pay

Customer:

will that work

Dwayne B. :

No, that doesn't actually get the judgment released on the record.

Dwayne B. :

They can't collect it any more but it will still show up.

Dwayne B. :

You may want to check with the title company for the new house and the lender and see what exactly they will accept.

Customer:

They are asking that has to be paid in full

Dwayne B. :

But you need to check with them to see what they will accept. They may take something as simple as a receipt from the clerk's office.

Customer:

o ok

Customer:

if the do where to get that

Dwayne B. :

At the clerks where you will pay the amount.

Customer:

ok

Dwayne B. :

Just be sure and ask them what they want, then do that.

Customer:

my lawyer ask to 4500 sum lump

Customer:

should I offer more

Dwayne B. :

You can, if you deposit it with the court it has to be the full amount of the judgment plus interest. If you are going to make an offer to them make it about $5000 but tell them there is only a couple of days to accept it. Or go the bankruptcy lawyer route and have them threaten to file bankruptcy.

Dwayne B. :

That almost always works. In the meantime you can have the lender and title company tell you what they need.

Customer:

but I filed bankruptcy already

Dwayne B. :

Since they got the judgment?

Customer:

before

Dwayne B. :

You're not actually going to file it, you're just going to threaten it to try and get them to settle.

Customer:

ok

Customer:

if I call on Monday and ask how much I own

Customer:

should I try to negotiate over the phone

Dwayne B. :

Sure, you can. Just don't mention that you're buying a house.

Dwayne B. :

Or that you are in any kind of a hurry.

Customer:

ok

Dwayne B. :

And also, if you settle it be sure that you get a release of judgment signed when you give them the money.

Customer:

Thank you so much

Dwayne B. :

You're very welcome and best wishes to you on this. Please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Customer:

ok

Dwayne B. :

Anything else I can answer before I exit to help others?

Dwayne B. and 2 other Consumer Protection Law Specialists are ready to help you
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

Also, I’d ask you to consider issuing a high rating (9-10) when you receive your customer satisfaction survey as that ensures I can continue to assist people in this category.

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