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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88186
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have just received a letter from a debt collector for the

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I have just received a letter from a debt collector for the second time the same debt collector. In 2009 I wrote a letter to them asking them for an accounting of the debtand a statement from the creditor with dates. No reply was ever received. They then asked for a letter of admissions which I sent in because they were now taking me to court. Upon admitting I owed the debt even though I did not know the specific charges a telephone hearing was requested. The judge then sent me a letter for judgment in my favor and said the hearing was not necessary and thereby closed the case since I said I owed the debt. Now 41/2 years later I am getting another letter. I have 30 days to respond. Should I just make arrangements to pay it and call them or should I tell them they have done this before. They should have records of this. Thank you.
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 very sorry for your situation. You state that the Judge ruled in your favor in 2009? Or, did the Judge rule against you? This is important, and the following sentence is a little confusing so I was hoping you can clarify it:

The judge then sent me a letter for judgment in my favor (this implies you won) and said the hearing was not necessary and thereby closed the case since I said I owed the debt (which implies you lost).

In other words - who did the Judge rule for originally?
Customer: replied 1 year ago.


The judge ruled that since the defendant admitted to owing the debt a hearing was cancelled and the case dismissed.

Expert:  Ely replied 1 year ago.
Thomas,

It sounds like the case was not dismissed, but, the debt collector received a (summary) judgment because you had admitted to owing the debt. You answered a Request for Admissions which admitted to the debt, and they used that to get judgment. So it is not that the case was dismissed, but that it ended, and not in your favor.

As such, they then received a judgment on you for the debt. A judgment has different statute of limitations than simply a debt; a judgment has 20 years to be enforced. FS §95.11(1). As such, it sounds like they can try to enforce the judgment. It is up to you whether or not to continue to negotiate with them and I would, because often they will take less than what the judgment is just to collect something and close the matter, however, you cannot go back to Court as the matter is already over. I am very sorry.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 88186
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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