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

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?

Tempe, AZ -

Attorney Answers (4)

Ashley Anne Digiulio

Ashley Anne Digiulio

Bankruptcy Attorney - Marietta, GA
Answered

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

The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile,... more
Matthew Scott Berkus

Matthew Scott Berkus

Bankruptcy Attorney - Denver, CO
Answered

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.

Brooks James Grainger

Brooks James Grainger

Debt Collection Attorney - South Bend, IN
Answered

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.... more
Tregg Robert Lunn

Tregg Robert Lunn

Debt Collection Attorney - Lincoln, NE
Answered

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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