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CalAttorney2
CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney representing individuals and businesses.
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2 years ago I was in the process of purchasing the home that

Customer Question

2 years ago I was in the process of purchasing the home that me and my family now live in. At closing it was discovered that National Credit Acceptance had a lien against me at the Washington County court from 2006 regarding an account with Circuit City. I obtained a lawyer to resolve this. It was discovered that Sacor Financial now owns the account. Funny thing is, National Credit Acceptance was shut down for fraudulent activities and Sacor is owned by the same guy Michael T Sahlbach. My lawyer two years ago said we could beat the charge but it would take a long time. We were closing on our home and had to be out of our previous home. I did not have time so I offered a settlement of $3500 even though I did not owe any of the $6600 they said I did. They accepted and released the lien and the title company sent them a check stating "payoff amount". Now two years later, they are back saying I owe them more money for the same account.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I would recommend contacting the lawyer that you hired initially. The settlement agreement that you reached ended any liability that you had and they are barred from further pursuing this. A firm letter from your lawyer should terminate any such claims by the creditor (usually these claim letters are generated due to computer error, clerical error, or some other form of sloppy book keeping and are quickly resolved, but I recommend getting your attorney back on it right away - as I noted, usually it only takes one letter from your lawyer to stop any further communication from them, other than to acknowledge that they messed up).

Customer: replied 1 year ago.
Here in lies the problem, I was served a second time, in response, I sent the lawyer serving papers all the evidence I had (copies) showing the debt was settled and paid thru a title company with third party documentation. He responded that this will go away in light of what I provided. I received an email from him last night that we are proceeding with the court date on Monday. I have all the evidence showing email back and forth working out the payoff and the demand letter to the Title company for payoff to release the lien. Is that enough to present to the judge Monday to show that this was settled and that they are coming back two years later just trying to choke more money out of me?
Expert:  CalAttorney2 replied 1 year ago.

You were actually sued?

In that case you will want to file an answer to the complaint to state that the debt was satisfied by contract.

I have no idea why the attorney is doing this, it is not going to go over very well for them in front of the court. (The judge won't be impressed).

While I don't have your evidence in front of me, everything that you posted should be sufficient to support a dismissal.