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Question

my mom & brother received a notice from a collection agency called an ex-parte order granting plaitiffs motion to comple fact information sheet.

Submitted: 342 days and 10 hours ago.
Category: Legal
Value: $30
Status: AWAITING CUSTOMER ACTION
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Miami, Florida

Already Tried:
I tried contacting the collection agency, this was originally a debt for $112.00 they got a judgement in the amount of $753.00, now they want $998.00 and I tried paying them $600.00 but they want $800.00, the judge clerk told me to just fill-out the fact information sheet and send it to collection aganecy, b/c this is all I need to do to be in compliance with what the judge ordered, or if we don't they can jail a defendant for failing to comply with a court order...What are the legal rights in regards to filling out the fact sheet information form, as well as they are asking for income tax returns and bank accounts, we dont own any properties or any cars (is leased) and what is usually the procedure if we do comply and send the collection agency the fact information sheet tax returns etc??..can they intervene our bank accounts? Also, what do you think would be the best way to try to resolve this matter with the collection agency..?

Accepted Answer

I would need more information but I am guessing that someone got a jusdgment against them and now they are looking to find bank account and employment information so they can collect on the judgment

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Expert: Utah Injury Attorney
Pos. Feedback: 100.0 %
Accepts: 
Answered: 12/15/2008

Attorney

8 years personal injury and civil litigation trial experience

342 days and 9 hours ago.

Reply

Yes the collection agency has a final judgement against them for $753.00 and is trying to collect the debt..however, they do not want to settle for less than $800.00 and we really don't have any bargaining chips as they are theretening to have the judge arrest them....if we comply and submit to the collection agency the information, then what can they do...and if they don't comply, can the judge give an arrest warrant for a $753.00 dollar judgement, and how soon can they do this? Also both my mom and brother don't have any assets, she is a homemaker doesnt work, and my brother is currently unemployed...so do you think is better just to comply and send them the fact information sheet etc?

Accepted Answer

as for trying to negoitate with the collection agency, since they already have a sjudgment, you are somewhat stuck. the longer process is drawn out the more expensve it is going to get.

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Expert: Utah Injury Attorney
Pos. Feedback: 100.0 %
Accepts: 
Answered: 12/15/2008

Attorney

8 years personal injury and civil litigation trial experience

342 days and 8 hours ago.

Reply

how soon can they have an order of arrest if we don't comply with the ex-parte order granting plaintiff's motion to compel fact information sheet?

Should I send the fact information sheet to see if they negotiate and settle?

Posted by Utah Injury Attorney 342 days and 8 hours ago.

Answer

it depends on the judge. normally these are small claims cases and it take a couple weeks.

342 days and 7 hours ago.

Reply

did you receive my second question? should we send the fact information sheet and see if they settle...If we send the fact information sheet then the judge wouldnt order the arrest, correct?

342 days and 6 hours ago.

Reply

have read the last part of my question

Posted by Utah Injury Attorney 342 days and 6 hours ago.

Answer

answering the question sheet is awlays the best option. If you don't then a warrant could go out. send it in and try to negoitate from there.

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