You are here:
- Home
- Business
- Corporate Law
- Collections Law
- 16 mon. after summary judgement and wage garnish attorney filed for another $525
Collections Law/16 mon. after summary judgement and wage garnish attorney filed for another $525
Advertisement
Question
16 months later-is it too late file countersuit ? My husband did not go to court in March 2007 and a summary judgement was awarded to collection attorney ( old capital one charge from 2003) My husband's checks have been garnished for a total of $4,900, $2700 for debt and $2200 for interest !!! He just got a letter from court saying attorney wants another $525 . Attorney sent a letter to court July 15 saying they only recieved $4600. Husband has to give the Court a written reply within 5 days. I can prove judgement was paid just by online Municipal Court records. BUT- Now that the attorney has reopened this issue 16 months after judgement has this reset the clock? I know there is a one year time frame to file an appeal on judgement. Can I sue for violations of FDCPA on this claim- Attorney lied on court papers listing Capital One Bank as plaintiff but listed fraudulent address under Cap One name. Address belongs to another collection agency! I called Capital One to try to get validation of assignment or purchase but was transferred to ANOTHER collection agency- Track America. I did not speak to anyone yet as I want to record the phone call. My question- Since attorney lied about true party in interest, and possibly did not have a legitimate assignment could I file FDCPA viol. As a third party collector attorney debt collector was not entitled to $2200 in interest- Thanks for your help !!!
They would be justified to receive all funds legally available to the original creditor if they purchased the account. What I am curious about is what the additional money is for. If you can verify all payments made send it to the courts with a letter and ask them to dismiss this action.
- Add to this Answer
- Ask a Question
| Rating(1-10) | Knowledgeability = 10 | Clarity of Response = 10 | Politeness = 10 |
| Comment | Thank you much to AllExperts.com Learning that debt collector attorney HAS TO VALIDATE CLAIM and prove boni fide assignment or purchase of debt has resulted in dismissal of one court case. Unfortunately,before I learned this my husband had summary judgement awarded by default. He did not ask for validation and did not show up in court. | ||
Related Articles
- Divorce Attorneys Only Care About Making Money - Reader Stories: Were You Treated Unfairly by the Family Court System?
- Conflict of Interest in Divorce Case - Reader Stories: Were You Treated Unfairly by the Family Court System?
- Bank Account Garnishment?
- Garnishment - Wage Garnishment - What is Garnishment
- What is the Maximum Wage Garnishment Amount
Answers by Expert:
Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
©2012 About.com, a part of The New York Times Company. All rights reserved.