Hi,My wife and I were contacted by a law firm last year regarding a debt in 2006 the firm would not show us the original agreement with card company. The short of it is that because of unforeseen occurrences we did not make the court date. They started to garnish my wife check of about $20 a month. Now the debt has been sold to another firm who is trying to collect again. What are our options?
Country relating to Question: United StatesState (if USA): ColoradoWhat have you tried so far?: At present I will respond to the new law firm regarding this debt , that we do not agree with…
Welcome and thank you for your question!I am sorry to learn of your circumstances. Am I correct to understand that:1. You owed a debt to Credit Card Company A.2. Credit Card Company A sued for nonpayment, got a judgment, and started to garnish wages.3. That judgment was never paid off.4. Debt Collection Firm B is now trying to collect on the judgment of Credit Card Company A?
1 & 3
Pardon me? I didn't understand your reply.
we where contacted by Firm B and informed that are the now representing FIA card services in place of the previously attorney and that we had 30 days to respond to this clam...
Wages cannot be garnished unless there was a lawsuit judgment. Are you sure that you were not sued?
No they only had a judgment...
Thank you. A judgment is obtained by suing someone. That's the only way one gets a judgment. Are you aware of that?
I am now, becides that law firm no longer represents FIA card services.
with this new law firm asking that I respond to there clam what are my options?
You will want to go to the court that handled the first lawsuit, review the court file, get a copy of the judgment, and see if the judgment was assigned to someone else.The question is whether or not the new law firm is aware of the old judgment. If they're not, give them a copy of the old judgment and tell them to Cease and Desist their collection efforts.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things. What are your options now?If you wish to continue this conversation, click on the Reply tab. If you are satisfied that I have answered your question, then please rate the answer with “excellent service” so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, reply to me using the REPLY tab. Specify what additional information you need and I will be happy to continue further and do everything I can to provide you with the service you seek. Thanks, ~~ J.B.
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