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Hi, My wife and I were contacted by a law firm last year regarding

 
JB Umphrey's Avatar
  • Answered by:JB Umphrey
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Customer Question

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?

 

Optional Information:
Country relating to Question: United States
State (if USA): Colorado
What have you tried so far?: At present I will respond to the new law firm regarding this debt , that we do not agree with…

Submitted: 248 days and 22 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Expert:  JB Umphrey replied 248 days and 22 hours ago.

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?

Customer replied 248 days and 22 hours ago.


1 & 3

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Expert:  JB Umphrey replied 248 days and 22 hours ago.

Pardon me? I didn't understand your reply.

Customer replied 248 days and 22 hours ago.


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...

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Expert:  JB Umphrey replied 248 days and 22 hours ago.

Wages cannot be garnished unless there was a lawsuit judgment. Are you sure that you were not sued?

Customer replied 248 days and 22 hours ago.


No they only had a judgment...

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Expert:  JB Umphrey replied 248 days and 22 hours ago.

Thank you. A judgment is obtained by suing someone. That's the only way one gets a judgment. Are you aware of that?

Customer replied 248 days and 21 hours ago.


I am now, becides that law firm no longer represents FIA card services.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?

Accepted Answer

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Expert:  JB Umphrey replied 248 days and 21 hours ago.

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.
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Thanks,
~~ J.B.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 96.7 %
Accepts: 10002
Answered: 8/21/2012

Experience: Explains legal matters based on 14+ years experience.

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