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I had a settlement agreement against a collection agency for unlawful debt practices and pursuing an invalid debt.

Tempe, AZ |

In September of 2012 I sued a collection agency for pursuing me for an invalid debt. I won and we had agreed an a monthly payment plan for my compensation and attorneys fees They have not sent in the payment for this month and whenever I call they just tell me their manager is out of the office. What do I need to do to get my money?

Attorney Answers 4

Posted

If you won in court, then you would need to go back to that court and file a complaint for contempt. Hire an attorney.

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Posted

Depends on what your judgment/stipulation states. If the stipulation was drafted properly, there should be a provision about what happens if the monthly payment agreement defaults.

In either case, you will need to go back to court and either move for whatever the stipulation provides or an order for contempt. The result of either would be to allow you to embark on enforced collection (good luck) to levy bank accounts, etc.

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2 comments

Asker

Posted

In our agreement it stated that they were to pay about $400 per month for both client damages and attorneys fees. The manager for the corporation signed and agreed to it. Not sure if that was stipulated properly

Matthew Scott Berkus

Matthew Scott Berkus

Posted

You mention attorney fees, why not go back and talk about this with your attorney. I am not sure what anyone else can really add here on this forum, you need someone to review the actual documents and circumstances to advise you further.

Posted

You will have to hire your own debt collector.

Note that this answer is NOT a substitute for legal advice, nor does it create an attorney client relationship. Please consult with an attorney.

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2 comments

Matthew Scott Berkus

Matthew Scott Berkus

Posted

Great comment Brooks. :)

Brooks James Grainger

Brooks James Grainger

Posted

Thanks Matt. The irony is thick.

Posted

I you filed an FDCPA claim against the collector and got attorney's fees, presumably you have an attorney. Did the collector sign a settlement agreement or was there a judgment?

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