I have a judgement against me.

I think maybe you do not understand the difference between a judgement and a complaint filed in a court.

I believe you're right. At this point I'm not certain exactly what I'm dealing with. I know the documents are somewhere in the house. I'll need to search them out.

What exactly did the paper or letter that originally made you think you have a JUDGEMENT against you say?

Jeeeesh - I just don't recall. I apologize if my responses seem a bit flakey - a few months back, my wife was diagnosed with breast cancer and for a while our lives are/have been turned upside down.

Exactly who was the correspondence that makes you think you have a JUDGEMENT against you from?

If I remember - the correspondence "judgement" was from the DOE.

From what you are saying, it may be that you do not have a judgement against you at all.

Ya know - it could very well be....


Would that be the clerk in the state of the original loan, my local residence state or Wash DC where I believe DOE is located?

I think they are re-selling your loan from one collector to another.

I got a suspecion, you're right.

I really appreciate everyone's help and time......during this most confusing time in my life.

Thank you

[mrg]

If you have a collector on you, more than likely, you have never had a "judgement" against you.

If you had had a "judgement" against you, there would more than likely have been a court ordered remedy to recover whatever assets you had.

Get rid of the collector (you said you already did), and take care of your wife.

If they sell it to another collector, do the same thing.

You may be overly worrying about something that you do not need to worry about that much.

If you are that worried, you need to collect all the paperwork you do have and put it in one place and look at it.

[B Rookard]

Originally Posted by BOBT12

You may want to check the statue of limitations for your state. Often judgements must be collected within a certain amount of time.

Your instincts were the right ones.

However ...

Statute of Limitations

Section 484A(a) of the Higher Education Action provides that no statute of limitations bars enforcement action to collect Federal student loans, including collection by offset, lawsuit, or enforcement on student loan judgments. 20 U.S.C. § 1091a(a). State law that would otherwise limit these actions is superseded by Federal law and cannot bar collection action.

http://www.ed.gov/offices/OSFAP/DCS/disputes.html

[bruce]

Mike,

My experience is that some bottom feeders AKA debt collector attys. will send a invalid judgement [no dockett #] in order to scare you into calling them and setting up a payment arrangement.

Not much else can be said about how to move forward until you have all of the details available.

Don't ignore anymore legal proceedings. If you do the law sides with them because if you don't respond they presume the claims are valid. You have to challenge everything they throw at you.

hang in there,

bruce

[charlesa6]

Originally Posted by bruce

Mike,

My experience is that some bottom feeders AKA debt collector attys. will send a invalid judgement [no dockett #] in order to scare you into calling them and setting up a payment arrangement.

Not much else can be said about how to move forward until you have all of the details available.

Don't ignore anymore legal proceedings. If you do the law sides with them because if you don't respond they presume the claims are valid. You have to challenge everything they throw at you.

hang in there,

bruce

Yep!! Absolutely, correcto.