I recently received a letter from a collection agency. This account was a previous judgement against me and it was settled. I have already received a "Satisfaction of Judgement" from the court. I believe the collection agency is trying to collect from the defiency amount that was not paid. Is this legal for a collection agency to collect on an account that has been settled with the original creditor?
A key issue here is whether or not this is the same debt, and also whether or not you received a "full" satisfaction or judgment, or just a "partial" satisfaction. If you received a full satisfaction, and the collection company is attempting to collect on the same debt, they are not permitted to do so. You should make sure that you send them a copy of the Satisfaction of Judgment. If they later file an action, you can use the Satisfaction of Judgment, and evidence that they are attempting to collect upon the same judgment to obtain a dismissal of the case.
THIS RESPONSE IS NOT LEGAL ADVICE. IT HAS BEEN PROVIDED FOR EDUCATION AND INFORMATION ONLY. Mr. Mann is licensed to practice in the State of California. There is no implied or actual attorney-client relationship arising from this educational exchange. Moreover, the facts provided by you were not sufficient to allow Mr. Mann to advise you specifically regarding what you should or should not do. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Mann is under no obligation to answer subsequent emails or phone calls related to this matter, or to take any action whatsoever.
Lawsuit / Dispute Attorney
When you paid the debt collection agency to settle the judgment, this is what they are supposed to file (or send you) to advise the court that the judgment has been satisfied and no longer collectible. If the box for "in full" was checked on the form, then this is exactly what you want.
You should ensure that it is promptly filed with the court. If this court's records are available online, you can monitor it being filed, unless they sent you their original signature, in which case you should make a copy and go to the court and file it yourself. The clerk should not charge you to file this. If this reply helped you, please mark "helpful" below.
Robert Stempler (please see DISCLAIMER below)
NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.
Debt Collection Attorney
In addition to making sure you have a filed Satisfaction of Judgment which is marked as "in full", if you entered into a settlement agreement with the plaintiff in the action, you can also refer to the settlement agreement which may also reference that the matter is settled and that the debt will be reported as "paid in full." If you notify the secondary collection agency of this and request that they cease contact with you, they may be in violation of federal laws if they continue to attempt to communicate with you and collect.
You should also review your credit report to see what each of these creditors is reporting to insure that any errors or discrepancies are addressed immediately and that your credit isn't negatively impacted.