What are my rights when a debt collector demanded more money than what the court ordered?

Asked over 1 year ago - San Ramon, CA

I refinanced my home loan in May of 2011 and to close the deal I had to pay $ 800 to a debt collector . I was never notified that this was due and after I paid it they never explained what it was for . They did give me a statement that 0 was due . In 2007 this debt collector sued me for around $ 5 , 000 . The debt ( a credit card ) was not mine and they sued even though I gave them a police report explaining it was identity theft . The case was in superior court and I was not able to respond so they won a default judgment . In 2009 they garnished my wages and collected the full $ 5 , 000 , despite another attempt by me to present the police report . The garnishment was for the exact amount of the court judgment so I don't know why they charged more . Please help with this injustice .

Attorney answers (4)

  1. Brian Crozier Whitaker

    Contributor Level 17

    6

    Lawyers agree

    Answered . The judgment likely allowed for interest to accrue until paid. The extra $800 was probably add'l interest that accrued after the Earnings Withholding Order began.

  2. Michael Raymond Daymude

    Contributor Level 20

    4

    Lawyers agree

    Answered . Judgments bear interest at the rate of 10% per annum and may also include costs of collection if a memorandum of costs is filed. In nearly all cases if you do not promptly satisfy the judgment voluntarily the amount you will have to pay later is more.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  3. Susanne Ruiz Rodriguez

    Contributor Level 13

    4

    Lawyers agree

    Answered . If you can prove identity theft and that the debt wasn't yours, perhaps you can file a motion to vacate the judgment. It will depend on the civil procedure rules in your jurisdiction, and it may be too late; but it certainly seems worthwhile to consult a consumer law firm in your area that deals with collection defense.

    The answers to these questions may be different depending on your individual circumstance and should not be... more
  4. Jeffrey Scott Hyslip

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . Hire a consumer protection attorney licensed in California. I handle this type of work outside of CA and would be happy to give you a free qualified referral to someone that will handle these on a contingency fee.

    I am an attorney licensed to practice law in Ohio and some Federal Courts throughout the United States. I am not... more

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