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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3817
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I owed the state 2100.00 I sent a check on 6/28 for 500.00

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I owed the state 2100.00 I sent a check on 6/28 for 500.00 and it was cashed 7/11. I just sent another 500.00 yesterday and a collection agency for the state filed a judgement on me and my husband for 1980.00. With those two checks I only owe 1100.00 plus of course intrest. Maybe on my next paycheck I'll finish paying them - Question is it legal to file a judgement when the person is paying the debt? I want to write a letter to the state about what they are doing to see if they release the judgement - I don't think is fair I'm paying.

Please advise.....
Submitted: 12 months ago.
Category: Legal
Expert:  Zachary replied 12 months ago.
Hi,

Thank you for your question.

When you say a collection agency filed a judgment, do you mean that you are currently being sued by the collections agency, or do you mean that they have already sued you and obtained a judgment for 1980?
Customer: replied 12 months ago.

a collection agency representing the state called Pioneer Credit Recovery filed a judgement in the superior court of NJ for 1903.15....I don't owed that amount because I had sent two checks already. The state sends me their own letter stating the different options to settle my account even payment plans. It looks like the collection agency does not communicate with the state and the judgement was filed 7/15 and is already on my credit report making it worst then it already is.


 

Expert:  Zachary replied 12 months ago.
I see.

If they have a judgment against you, that means that they won the judgment in a trial. Were you aware that there was a trial being held against you for the debt?

Have you changed addresses since you incurred the debt to the state?
Customer: replied 12 months ago.


No....I have lived at the same place for 18 years. What I don't understand how can a judgment be filed if I'm sending payments to the state directly not the agency. The amount filed is wrong. Is it legal?

Expert:  Zachary replied 12 months ago.
It may not be.

It all depends on when the judgment was obtained. The state should have informed the debt collector that it had obtained payment on the account. However, the debt collector should have also notified you of the suit it was filing against you so that you would have an opportunity to go to court to show that you had already made payments and did not owe what they claimed. Somewhere in this chain of "suppose to's" there was a mistake.

My suspicion is that the debt collector fraudulently served you with the lawsuit.

In any case, you have two options of what you can do:

1. Continue on with your plan of contacting the state to get a written confirmation that you have made the payments on your account and then send this to the debt collector to show that the amount due under the judgment has been reduced, and enter into a plan to finalize paying the rest off.

OR

2. You can go to the court which issued the judgment and file a Motion for Reconsideration and show the court that you were never actually served with the lawsuit, and thus your due process rights have been violated. You would then tell the court that there is new evidence which has a crucial bearing on the case and shows that the judgment amount is incorrect. You would then ask for a retrial of the matter and prove that you owe less than what the debt collector is asserting.
Customer: replied 12 months ago.


what he sent me was a letter informing me that the judgment had been filed. I'm going to fight this because now the judgment would not be able to be release from my credit report in at least 7 years - right?

Expert:  Zachary replied 12 months ago.
Not exactly. If the judgment remains unpaid, it will stay on your credit report. However, after you pay the judgment, you can obtain a release of judgment which you can send to the credit reporting agencies to show that the judgment has been satisfied.

I do think you should fight this if you had not been given proper notice.
Customer: replied 12 months ago.


Thanks so much for your help.......

Expert:  Zachary replied 12 months ago.
I'm glad to be of service. I hope you are able to get this resolved in your favor.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3817
Experience: Lead trial/International commercial attorney licensed 11 yrs
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