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I obtained a judgment against someone for $50,000.00. I assigned…

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I obtained a judgment against...
I obtained a judgment against someone for $50,000.00.
I assigned the judgment to an S Corporation I own (along with my father as co-owner).
I am wondering if any FDCPA rules apply to us.
Can I start collecting or am I now considered a third party debt collector and do I have to send out the letters giving them 30 days to dispute the debt?
I'd like to just start garnishing wages since I only assigned the debt to myself and my family.
Submitted: 6 years ago.Category: Consumer Protection Law
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Answered in 15 hours by:
2/22/2012
Consumer Protection Lawyer: Fran-mod,
 replied 6 years ago
Fran-mod
Category: Consumer Protection Law
Satisfied Customers: 48
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Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
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Customer reply replied 6 years ago
yes, I am still waiting for an answer.
Consumer Protection Lawyer: Fran-mod,
 replied 6 years ago

Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
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Customer reply replied 6 years ago
Relist: No answer yet.
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 124,390
Experience: Attorney experienced in commercial litigation.
Verified
I am sorry for the delay in your getting a response, we have been having some significant technical issues with the site.

Since this was your judgment and in your name and not the S Corp name, when you assigned this to the S Corp you made them into the third party collector, so you now have to comply with the FDCPA and you only have to send them notice to pay the judgment in 30 days then you can file a motion for garnishment in the court and begin garnishing. This is not like a debt where no judgment has been rendered yet and you have a judgment so now you can move the court to enforce it.


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Customer reply replied 6 years ago
Thanks. I have decided to garnish through my S Corp without waiting to validate the date.
With interest, the judgment is so high I am willing to risk a countersuit.

She could sue me for $1,000 each time I garnish her wages right? (that is the $1,000 penalty for not validating the judgment).
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
You still need a court order to garnish her wages even though you have a judgment, thus the validation of the debt has already occurred, she was sued and served with the judgment. But for any actual violation of the FDCPA it would be a maximum of $1000 per violation plus attorney's fees.
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 124,390
Experience: Attorney experienced in commercial litigation.
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Law Educator, Esq. and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 6 years ago
I have a garnishment writ that was served on her employer by the county sheriff. They will garnish her wages this week. I asked this question several weeks ago so I decided to move forward since my question got lost in the shuffle of the website. It sounds like my only FDCPA violation was not notifying her of the judgment and that's fine with me.
Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
Then that is all you needed to do. She should have received the notice of judgment when it was rendered by the court, but quite honestly you are right, even if it is a violation the cost to you is minimal.
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