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Ex-girlfriend was awarded a judgement due to me not hiring

a lawyer. Now she is...
Ex-girlfriend was awarded a judgement due to me not hiring a lawyer. Now she is doing everything she can to collect the debit. I have offered to settle with her but she refuses. I have attempted to setup a payment plan just to put it all behind us but she refusing. She wants all of the judgement in full. Now she is sending out all my personal information, SS#, TDL#, DOB, address and a copy of the judgement to third parties and whoever else. She says she is a debit collector and she is trying to collect a debit and she can do this. She is also a paralegal at a law firm and uses the law offices letter head to send this info to people. I can the law office to see if the represent her and they told me I they couldn't give me that information. Can I sue her or the firm for her doing this.
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Answered in 3 minutes by:
5/2/2013
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,694
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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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 sorry for your situation. Can you please tell me:

1) Who specifically is she sending this information out to? Banks? Personal friends? Etc?

2) How is she sending them out? Is she engaged in seeking a writ of garnishment, for example, or is sending out subpoenas? Or, simply private letters that say "this guy is bad, don't do business with him?" In other words, what is she sending exactly?

3) What state is this in?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
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Customer reply replied 4 years ago

Hello, Ely!


 


Thanks you for taking the time out to address my issues.


 


1)She has supplied my bank with a writ or abstract judgement but she is sending the personal information to people she think is my landlord or realtor but they are not and have nothing to do with the case. Plus she is send it to their palce of business via fax and email. Which mines anyone in those offices can view the personal info. She has sent the info to my fiancee as well as others.


 


2) She his been sending the info via certified mail, mail, fax and e-mail. It's stating that she have a judgement against him don't do business and to contact her as soon as possible. The most important thing is she is listing my SS#,TDL# XXXXX and address. All of which can be used in identity theft.


 


3) We both live in Texas.

Thank you, Dan.

One last question - what is your job? Do you work for yourself? Has she contacted your clients and/or your employer?
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Customer reply replied 4 years ago

I work for a Pharmaceutical company. I'm not sure if she has contacted my place of employment but she does send all the certified mail to me at my place of employment. I have asked her to stop but she has continued to do so. She have sent me emails threatening that she has more things coming for me. Just wait and see.

Dan,

On this website, I do not always get to give good news, and I am afraid that this is one of these times.

Abstract of Judgment - Public Record
The writ or abstract judgement is a public record. This means that it is no different than anything else that may be taken from the court record and anyone can see it. She can send this writ or abstract judgement order anywhere she wants to, I am afraid.

Personal Information - Public Record, Within Limit
Your DOB and TDL is public record as well. There is no law that states that someone's public record cannot be sent to third parties. This is also true about your SSN.

However, there is a limit. If she is simply sending the information with the writ or abstract judgement or a letter stating "this guy owes me money," she can do this.

However, she cannot do the following:

1) Contact your employer/clients/potential clients. Doing so may be cause for (1) INTERFERENCE WITH EXISTING CONTRACT or (2) INTERFERENCE WITH A PROSPECTIVE CONTRACT.

The elements of a claim of tortious interference with a contract are:
(1) There exists a contract that is subject to interference;
(2) There is a willful and intentional act of interference by the defendant; and
(3) The defendant’s intentional act of interference was a proximate cause of actual damages to the plaintiff. Victoria Bank & Trust Co. v. Brady, 811 S.W.2d 931, 939 (Tex. 1991). Often, this is applied if one's employer is contacted for no reason.

The elements of claim for tortious interference with prospective contract are:
(1) There must be a “reasonable probability” that the plaintiff would have entered into the prospective relationship or contract;
(2) An “independently tortious or wrongful” act by the defendant that prevented the relationship from occurring;
(3) The defendant did such act with a conscious desire to prevent the relationship from occurring, or knew that the interference was certain or substantially certain to occur as a result of the defendant's conduct; and
(4) The plaintiff suffered actual harm or damage as a result of the defendant's interference. Johnson v. Baylor University, 188 S.W.3d 296, 304 (Tex.App.-Waco 2006, pet denied).

In addition, if she is actually or implicitly implying that your identity is stolen and/or harm is done to you in the mailings, or is threatening you, then, this may be cause for INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. The elements of a cause of action for intentional infliction of
emotional distress are:

(1) the defendant acted intentionally or recklessly,
(2) the conduct was extreme and outrageous,
(3) the acts of the defendant caused the plaintiff to suffer
emotional distress; and
(4) the emotional distress suffered by the plaintiff was severe. Kroger Tex. Ltd. Partnership v. Suberu, 216 S.W.3d 788, 796 (Tex.2006); Twyman v. Twyman, 855 S.W.2d 619 (Tex.1993).

Also, attempting to have you hurt may be a criminal matter.

However, this is very subjective. Here, the best thing that might work at the moment is a LETTER from an attorney threatening civil/criminal action as described above unless she ceases and deceases her actions. Even if not pursued in court, the letter itself may act like a threat to her and limit her actions, since she would wish to avoid any litigation. Such a letter likely will not cost more than $100 or so and using an attorney is best because a letter from an attorney carries more gravitas. May I recommend the Texas Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,694
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 years ago

Ely,


 


Thank you so much for your time and help with this matter. Even though it wasn't great news it has helped me a lot. Your services are greatly appreciated.


 


Dan.

Thank you for your kind words, friend.
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Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,694
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

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