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

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 .

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Attorney answers 4

Posted

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.

Posted

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 considered as legal advice or the establishment of an attorney-client relationship.

Posted

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.

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Posted

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.

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Asker

Posted

I be interested in your referral. I like to have my file reviewed. If for anything at least peace of mind. I filed a police report 3/2006. D/C purchased debt 9/2006. I also sent a letter to the debt attorney demanding they do not garnished my wages in 2009 and attached the report again. I have reviewed the case file but there is no mentioning of my payment. I have perfect credit rating for the last 27 years. The judgment is making my life miserable. American Express dropped from my report 1/2013. I am afraid they may sue me. They do soft reviews of my credit, and I also sent them the police report perhaps this is why they did not sue to begin with. I am hoping there is a little time left based on that payment I made. I believe the debt collector simply took advantage of the situation. Since I did have the ability to pay and I was an easy target for them. Thanks again

Jeffrey Scott Hyslip

Jeffrey Scott Hyslip

Posted

Hello Asker. Feel free to contact me through this website and I'll get you in touch with a great consumer attorney I work with in California.

Asker

Posted

I have sent a request to you. Best Regards, >

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