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Lane
Lane, JD, CFP, MBA, CRPS
Category: Finance
Satisfied Customers: 10097
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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There was a money judgement filed against me. How

Customer Question

Hello,There was a money judgement filed against me.
How can I handle it?
Submitted: 6 months ago.
Category: Finance
Expert:  Lane replied 6 months ago.
Hi,...A creditor can get a judgment against you in any of the following situations:You don’t respond to the complaint or payment demandYou don’t comply with a judge’s order to respond to a discovery request.You lose a summary judgment motion.You lose a trial.....Can you tell me more about the situation? That will help in recommending an action....Several defenses and/or counterclaims may be available....I can also help you understand the various ways that a judgment can be enforced, along with statutes of limitaton...Without providing any personally identifiable information, tell me all you can
Expert:  Lane replied 6 months ago.
Ok, I still don't see you coming back into the chat here ... Maybe I can provide some general information...Essentially there re two broad categories or answers to a judgment (affirmative defenses and counterclaims)...Here are some affirmative defenses that may apply:... 1. The case was filed in the wrong court (wrong jurisdiction or venue).2. The creditor did not bring the lawsuit in a timely manner. This is called violating the statute of limitations.3. You never received the goods or services the creditor claims to have provided.4. The creditor threatened you or lied to you to get you to enter into the agreement.5. The creditor damaged your property when delivering the goods or services.6. You legally canceled the contract and therefore owe nothing.7. You cosigned for the loan and were not told of your rights as a cosigner.8. The creditor was not permitted to accelerate the loan (read the loan agreement AND understand that you have a right to receive a copy of the agreement - which can buy some time)9. The contract was too ambiguous to be enforced.10. The contract is illegal.11. The contract or the creditor has violated a consumer protection statute that makes the contract unenforceable.12. After repossessing your property, the creditor did not sell it in a “commercially reasonable manner.”13. Defective or dangerous goods or services
Expert:  Lane replied 6 months ago.
there are also counterclaims, the basis of a lawsuit you have may be able to wagesagainst the creditor or collector....These CAN be based on completely DIFFERENT issues from the judgment itself the complaint. Some attorneys recommend that you should be asking for more money than the plaintiff wants from you. ...But there should be a link ... in some states the counterclaim has to " ARISE out OF" the judgment against you....To initiate a counterclaim, you'll usually have to serve and file your own complaint (and pay a filing fee within the time you have to respond to the complaint)....A successful counterclaim CAN (1) generate either monetary damages from the creditor or collector, or (2) get the court to rescind (cancel) the contract with the creditor....The creditor violated the Fair Credit Reporting Act, Truth in Lending Act, Electronic Fund Transfer Act, or Equal Credit Opportunity Act.The creditor breached a warranty. A collection agency (representing the creditor) violated the Fair Debt Collections Practices Act or a state debt collection law.
Customer: replied 6 months ago.
Hi Lane,
Sorry I was traveling.
The judgement was from a old loan which has changed hands multiple times.
I never received anything in the mail. I first noticed it on my credit report.
The judgement was from 2010, the car was returned in 2007.
The collection agency did try to garnish my wages and I had to file bankruptcy.
But I since had the bankruptcy dismissed.
This is ruining my credit and consumers in Florida does not have any rights.
I tried to settle the debt with the bank Wellsfargo in 2008 but we could not come to an agreement.
I do not believe any money is owed and the debt is over 9 years old.I believe I can request a verification of debt and file a sworn denial.
Expert:  Lane replied 6 months ago.
that right....The statute of limitations on written debt in FLorida is five years....YOu may be able to take legal action under FDCPA as well...
Expert:  Lane replied 6 months ago.
If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the faces or stars on your screen, and then clicking “submit”)…I receive no crediting at all unless you rate in this way....But please let me know if you have further questions OR would like to discuss over the phone
Customer: replied 6 months ago.
Hi Lane,
Should I file debt verification and sworn denial at the same time?
Expert:  Lane replied 6 months ago.
No - Do the Verification first (some states refer to as Validation)...Under The Fair Debt Collection Practices Act, all collection activity must stop until the collection attorney is able to get the Validation/Verification information to you. Once he has mailed it to you he can then proceed with his case, but it does give you a little bit of time....And asking for Validation/Verification lets the collection attorney know that you are not going to just give in to his threats of a lawsuit. (send certified)...I'd say wait only three weeks or so (checking during that time with the courthouse to see if a trial date has been set)....Don't let a default judgment be entered because you weren't aware for some reason and don't show up....During that time three things can happen; (1) The attorney may withdraw the action. ... not likely, but possible. (2) The attorney could respond with a settlement offer that you may or may not want to accept. (3) They respond with nothing more that the Validation/Verification information you requested. ...If they DO respond with verification, you can state that the information wasn't everything you asked for, too....Then the NEXT step is to file the SWORN denial. Having the patience to do it this way can allow for things to bubble to the top, like their dropping it, that won't happen if you simply do both all at once .. BUt does take some discipline/patience....The SWORN DENIAL letter needs to be filed with the Court where you are being sued....In the letter challenge the accuracy of the "charges," It needs to be in three stages. First, you are challenging that the "charges" may not be yours, and if the charges are yours, you challenge that the "charges" are valid "charges," and if they are valid "charges," you challenge that the amount of the "charges" sued for is accurate....The letter should be typed, signed, and notarized with the Clerk of the Court. Also make sure you send a copy, Certified Mail, with return receipt, to the collection attorney. ...THEN ask for a court date. They don't want to go to court ... AND The SWORN DENIAL eliminates the SWORN Affidavit of Account that the attorney has from the original creditor....The SWORN Affidavit of Account just a document that the attorney/collector has signed by the Creditor to validate their knowledge and accuracy of the debt. They enter this, that the debtor owes the debt and that the amount specified is accurate....With that affidavit, the court gives the attorney a judgment against you. The sworn denial makes that document Null and Void. Once the sworn denial is filed with the court, now they have to produce a live witness from the ORIGINAL creditor, to testify about the debt and its accuracy. The sworn affidavit is no longer enough...Remember, your debt was purchased in a portfolio of accounts from the original creditor. Sometimes the portfolios contain thousands of accounts. These collection agents purchase these portfolios for "pennies on the dollar." Once the debt is sold by the original creditor, the creditor no longer has any interest in the account. So, for the collection attorney to be able to get a live witness from the original creditor is VERY DIFFICULT. And in many cases impossible. The chances of your case being dismissed now goes up again.
Expert:  Lane replied 6 months ago.
Hi, I’m just checking back in to see how things are going...Did my answer help?...Let me know……Lane
Expert:  Lane replied 6 months ago.
Did you see my answer to your follow-up question?...Sorry for the data dump ... just wanted to cover all the bases....Please let me know...Lane