How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86566
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

Ex-girlfriend was awarded a judgement due to me not hiring

Resolved Question:

Ex-girlfriend was awarded a judgement due to me not hiring a lawyer. Now she is doing everything she can to collect the debit. I have offered to settle with her but she refuses. I have attempted to setup a payment plan just to put it all behind us but she refusing. She wants all of the judgement in full. Now she is sending out all my personal information, SS#, TDL#, DOB, address and a copy of the judgement to third parties and whoever else. She says she is a debit collector and she is trying to collect a debit and she can do this. She is also a paralegal at a law firm and uses the law offices letter head to send this info to people. I can the law office to see if the represent her and they told me I they couldn't give me that information. Can I sue her or the firm for her doing this.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) Who specifically is she sending this information out to? Banks? Personal friends? Etc?

2) How is she sending them out? Is she engaged in seeking a writ of garnishment, for example, or is sending out subpoenas? Or, simply private letters that say "this guy is bad, don't do business with him?" In other words, what is she sending exactly?

3) What state is this in?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

Hello, Ely!


 


Thanks you for taking the time out to address my issues.


 


1)She has supplied my bank with a writ or abstract judgement but she is sending the personal information to people she think is my landlord or realtor but they are not and have nothing to do with the case. Plus she is send it to their palce of business via fax and email. Which mines anyone in those offices can view the personal info. She has sent the info to my fiancee as well as others.


 


2) She his been sending the info via certified mail, mail, fax and e-mail. It's stating that she have a judgement against him don't do business and to contact her as soon as possible. The most important thing is she is listing my SS#,TDL# XXXXX and address. All of which can be used in identity theft.


 


3) We both live in Texas.

Expert:  Ely replied 1 year ago.
Thank you, Dan.

One last question - what is your job? Do you work for yourself? Has she contacted your clients and/or your employer?
Customer: replied 1 year ago.

I work for a Pharmaceutical company. I'm not sure if she has contacted my place of employment but she does send all the certified mail to me at my place of employment. I have asked her to stop but she has continued to do so. She have sent me emails threatening that she has more things coming for me. Just wait and see.

Expert:  Ely replied 1 year ago.
Dan,

On this website, I do not always get to give good news, and I am afraid that this is one of these times.

Abstract of Judgment - Public Record
The writ or abstract judgement is a public record. This means that it is no different than anything else that may be taken from the court record and anyone can see it. She can send this writ or abstract judgement order anywhere she wants to, I am afraid.

Personal Information - Public Record, Within Limit
Your DOB and TDL is public record as well. There is no law that states that someone's public record cannot be sent to third parties. This is also true about your SSN.

However, there is a limit. If she is simply sending the information with the writ or abstract judgement or a letter stating "this guy owes me money," she can do this.

However, she cannot do the following:

1) Contact your employer/clients/potential clients. Doing so may be cause for (1) INTERFERENCE WITH EXISTING CONTRACT or (2) INTERFERENCE WITH A PROSPECTIVE CONTRACT.

The elements of a claim of tortious interference with a contract are:
(1) There exists a contract that is subject to interference;
(2) There is a willful and intentional act of interference by the defendant; and
(3) The defendant’s intentional act of interference was a proximate cause of actual damages to the plaintiff. Victoria Bank & Trust Co. v. Brady, 811 S.W.2d 931, 939 (Tex. 1991). Often, this is applied if one's employer is contacted for no reason.

The elements of claim for tortious interference with prospective contract are:
(1) There must be a “reasonable probability” that the plaintiff would have entered into the prospective relationship or contract;
(2) An “independently tortious or wrongful” act by the defendant that prevented the relationship from occurring;
(3) The defendant did such act with a conscious desire to prevent the relationship from occurring, or knew that the interference was certain or substantially certain to occur as a result of the defendant's conduct; and
(4) The plaintiff suffered actual harm or damage as a result of the defendant's interference. Johnson v. Baylor University, 188 S.W.3d 296, 304 (Tex.App.-Waco 2006, pet denied).

In addition, if she is actually or implicitly implying that your identity is stolen and/or harm is done to you in the mailings, or is threatening you, then, this may be cause for INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. The elements of a cause of action for intentional infliction of
emotional distress are:

(1) the defendant acted intentionally or recklessly,
(2) the conduct was extreme and outrageous,
(3) the acts of the defendant caused the plaintiff to suffer
emotional distress; and
(4) the emotional distress suffered by the plaintiff was severe. Kroger Tex. Ltd. Partnership v. Suberu, 216 S.W.3d 788, 796 (Tex.2006); Twyman v. Twyman, 855 S.W.2d 619 (Tex.1993).

Also, attempting to have you hurt may be a criminal matter.

However, this is very subjective. Here, the best thing that might work at the moment is a LETTER from an attorney threatening civil/criminal action as described above unless she ceases and deceases her actions. Even if not pursued in court, the letter itself may act like a threat to her and limit her actions, since she would wish to avoid any litigation. Such a letter likely will not cost more than $100 or so and using an attorney is best because a letter from an attorney carries more gravitas. May I recommend the Texas Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86566
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 14 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Ely,


 


Thank you so much for your time and help with this matter. Even though it wasn't great news it has helped me a lot. Your services are greatly appreciated.


 


Dan.

Expert:  Ely replied 1 year ago.
Thank you for your kind words, friend.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.