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CalAttorney2, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney representing individuals and businesses.
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My daughter was sued by a debit collector in Superior Court

Customer Question

my daughter was sued by a debit collector in Superior Court for $128,000.00 of student loans. an agreement was reached where she would give $10,000.00 up front and pay only$30,000.00 with no interest over the next 8 1/2 years. this is month17 and she has paid on time every month and after the total of $40,000 was paid she is free and clear and no longer owes any more of the student loans.
The debit collector has now started sender her letters stating she owes $70,000 to $170,000 and letters of making arrangements to pay her loans. when she called them they stated her balance was as of now $170,000 and she needed to start a payment plan. and the letters state somewhat the same. They stated this is just a computer generated letter and they have no idea who in that department is sending the letters and why they are adding interest to the original loan amount ($170,000) when if she fails to pay according to the court agreement it goes back to the $128,000 amount with no accumulative or back interest .
She's is really stressed out.I handled the 1 1/2 year of court battles for us letters, motions, court appearances, etc(I was named as a co-signer but was released with prejudges) and want to handle this as it was before we have no money for an attorney
Thank You
Jerry Wimpey: E-Mail [email protected],com---Phone#:(###) ###-####
I want to write a letter stating they have violated the Cal. Consumer protection act (remedies) because of the harassment. This is causing a lot stress and worry . Which Civil codes can be used to put them on notice of the harassment and overwhelming stress they are causing her
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  CalAttorney2 replied 1 year ago.

This isn't a consumer protection issue, but you can file a motion in the same court case to enforce the settlement agreement.

You can make this motion under Code of Civil Procedure 664.6.

Here is a SAMPLE motion to give you an idea of what you are filing with the court (you should review this motion, and if necessary check the points and authorities with the local law library):