I have a judgement against me.

~25 years ago I was granteed a federal student loan. Between that time and about 10 years ago I defaulted. An uncontested judgement was subsequently filed against me.
Following that, I presented the bank/DOJ with an offer to settle the claim with a note about not accepting my offer or making a counter offer. I also made a demand to verify the original note. They never responded to either demand/request.
2 years ago I was contacted by a collection agency. Again, I demanded to verify the debt and to answer a series of questions. They verified the debt by sending copies of the original note. 6 months past - zero response.
Last week I hear from another collection agency.

At this point I'm tired of collection agencies. Aside from paying the debt - what options are available to me.

[mrg]

Originally Posted by Mike

~25 years ago I was granteed a federal student loan. Between that time and about 10 years ago I defaulted. An uncontested judgement was subsequently filed against me.
Following that, I presented the bank/DOJ with an offer to settle the claim with a note about not accepting my offer or making a counter offer. I also made a demand to verify the original note. They never responded to either demand/request.
2 years ago I was contacted by a collection agency. Again, I demanded to verify the debt and to answer a series of questions. They verified the debt by sending copies of the original note. 6 months past - zero response.
Last week I hear from another collection agency.

At this point I'm tired of collection agencies. Aside from paying the debt - what options are available to me.

You said an "uncontested judgement was filed against" you.

Was "it" something that was just filed, or was it taken to court ex parte and entered into record as a court ordered default judgement, with a court order signed by the judge who issued the order?

Are you paying on the judgement?

Did the judgement result in a subsequent order for disclosure of assets, and a subsequent hearing followed by a court ordered garnishment or seizure of assets?

Do you have a copy of what all is in the judgement file and a certified printout of all court orders on record regarding the judgement?

Are they garnishing, or seizing your bank accounts?

How many CA's have had the account so far?

Who have the most recent CA identified as the "creditor?"

Are they harrassing you by phone?

Have you kept all the paper work?

If you are not paying, or being garnished, etc. why not just keep doing what you are doing for awhile?

If it were me, these would be some of the things I would be thinking about.

[BOBT12]

Originally Posted by Mike

~25 years ago I was granteed a federal student loan. Between that time and about 10 years ago I defaulted. An uncontested judgement was subsequently filed against me.
Following that, I presented the bank/DOJ with an offer to settle the claim with a note about not accepting my offer or making a counter offer. I also made a demand to verify the original note. They never responded to either demand/request.
2 years ago I was contacted by a collection agency. Again, I demanded to verify the debt and to answer a series of questions. They verified the debt by sending copies of the original note. 6 months past - zero response.
Last week I hear from another collection agency.

At this point I'm tired of collection agencies. Aside from paying the debt - what options are available to me.

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

If the individual signing the letters is just an agent for some CA, then you might attempt to get them into a tacit agreement wherein they would be contracting with you. If the individual signing the letters are attorneys, find out if they are registered in your state to act as an attorney in your state. If it is an attorney and he/she is not a member of the bar ass of your state, then that person is practicing law without a license.

Jerry.

You said an "uncontested judgement was filed against" you.

Yes - Never tried to get it voided or anything.

Was "it" something that was just filed, or was it taken to court ex parte and entered into record as a court ordered default judgement, with a court order signed by the judge who issued the order?

I believe, it was something just filed. I was never notifyied of the filing - just received it in the mail.

Are you paying on the judgement?

No.

Did the judgement result in a subsequent order for disclosure of assets, and a subsequent hearing followed by a court ordered garnishment or seizure of assets?

No. At least not yet.

Do you have a copy of what all is in the judgement file and a certified printout of all court orders on record regarding the judgement?

I have a copy of the filing but what is a certified printout of court orders?

Are they garnishing, or seizing your bank accounts?

No.

How many CA's have had the account so far?

In the last 6-7 years - 2 years ago, I was able to make them go away. Two weeks ago - a second CA.


Who have the most recent CA identified as the "creditor?"

DOE.

Are they harrassing you by phone?

Several phone calls at home and work.

Have you kept all the paper work?

Yes.

If you are not paying, or being garnished, etc. why not just keep doing what you are doing for awhile?

I suppose I could.

If it were me, these would be some of the things I would be thinking about.

[mrg]

Originally Posted by Mike

You said an "uncontested judgement was filed against" you.

Yes - Never tried to get it voided or anything.

Was "it" something that was just filed, or was it taken to court ex parte and entered into record as a court ordered default judgement, with a court order signed by the judge who issued the order?

I believe, it was something just filed. I was never notifyied of the filing - just received it in the mail.

Are you paying on the judgement?

No.

Did the judgement result in a subsequent order for disclosure of assets, and a subsequent hearing followed by a court ordered garnishment or seizure of assets?

No. At least not yet.

Do you have a copy of what all is in the judgement file and a certified printout of all court orders on record regarding the judgement?

I have a copy of the filing but what is a certified printout of court orders?

Are they garnishing, or seizing your bank accounts?

No.

How many CA's have had the account so far?

In the last 6-7 years - 2 years ago, I was able to make them go away. Two weeks ago - a second CA.


Who have the most recent CA identified as the "creditor?"

DOE.

Are they harrassing you by phone?

Several phone calls at home and work.

Have you kept all the paper work?

Yes.

If you are not paying, or being garnished, etc. why not just keep doing what you are doing for awhile?

I suppose I could.

If it were me, these would be some of the things I would be thinking about.

(Not legal advice):

I would first send a Validation of Debt notice to the CA and get them to stop calling.

Go to Budhibbs.com and see if the CA is on his list of agencies to avoid.

Did you receive notice in the mail from the clerk of court that an ex parte default judgement had been entered by "Judge so and so," in "Case # xxxxxxx?"

As far as I know, a plaintiff does not "file a judgement."

A plaintiff files a complaint, and and either pleads the complaint in court, and prays for a judgement, and the judge either dismisses the complaint or issues a judgement which is evidenced by a court order which the judge signs and files with the clerk of court, or the plaintiff just files and does not proceed.

The plaintiff then might send you notice that a complaint was filed against you, hoping you do not understand the process and trying to get you to think the court entered a judgement.

Complaints against "debtors" filed by "creditors," or third party interlopers may get filed in a folder with the word "contract" written on the outside, so it may be that this kind of litigation is about contracts.

(At least this what I discovered in my own case with an attorney for a third party debt collector.)

Were you served a summons accompanied by the complaint, "proof" of validation of the alleged debt, and a sworn affidavit?

What court did this supposedly take place in?

You can google the clerk of court for whatever court this took place in and often do a docket search on line to find out what all has taken place in the case.

Go there and ask to see the file for whatever the case number is, and then ask for a certified copy of the court docket record, and see if there are any court orders, and get certified copies.

(Not legal advice):

I would first send a Validation of Debt notice to the CA and get them to stop calling.

Did that this AM.

Go to Budhibbs.com and see if the CA is on his list of agencies to avoid.

Did that and they are.

Did you receive notice in the mail from the clerk of court that an ex parte default judgement had been entered by "Judge so and so," in "Case # xxxxxxx?"

Never recieved anything - except the judgement.

As far as I know, a plaintiff does not "file a judgement."

A plaintiff files a complaint, and and either pleads the complaint in court, and prays for a judgement, and the judge either dismisses the complaint or issues a judgement which is evidenced by a court order which the judge signs and files with the clerk of court, or the plaintiff just files and does not proceed.

The plaintiff then might send you notice that a complaint was filed against you, hoping you do not understand the process and trying to get you to think the court entered a judgement.

Hmmmmm - I'll have to check the paperwork.

Complaints against "debtors" filed by "creditors," or third party interlopers may get filed in a folder with the word "contract" written on the outside, so it may be that this kind of litigation is about contracts.
(At least this what I discovered in my own case with an attorney for a third party debt collector.)

That's news to me.

Were you served a summons accompanied by the complaint, "proof" of validation of the alleged debt, and a sworn affidavit?

Nope.

What court did this supposedly take place in?

I don't recall.

You can google the clerk of court for whatever court this took place in and often do a docket search on line to find out what all has taken place in the case.

Good idea - I'll do that.

Go there and ask to see the file for whatever the case number is, and then ask for a certified copy of the court docket record, and see if there are any court orders, and get certified copies.

I'll do it.

Again, thank you for all your help...
I just learned more than I've known since all this started.

If there is anything else you can think ofm please let me know.

[KITCHIE]

Go to the court and ask to see your file. Get copies of everything. Also on the inside folder there should be the court minutes that says what happened in the court. It's like a mini transcript. You can glean some good info here to throw back at them.

I have a pretty good void judgment that talks about when they deliberately mail your notices to an address other than your permanant address to give themselves a legal advantage. I am sure withholding the mail will work in the void judgment nicely.

I also have a letter I send to the general counsel of the DC company. Great success with this leter. They never bother you again. Now since you have a judgment that the 4th or 5th DC is coming after you for then the judgment is gone per statute of limitations.

PM me with your e-mail address and I will send to you.

Kitchie

[MADDOG]

Hello Mike - you wrote:

In the last 6-7 years - 2 years ago, I was able to make them go away. Two weeks ago - a second CA.

Kitchie's right - check the Statute of Limitations for your state - many states limit debts to less than 6 years:

http://www.bankrate.com/brm/news/cc/20040116b1.asp

and:

http://fair-debt-collection.com/SOL-by-State.html

and the statute of limitations explained:

http://fair-debt-collection.com/stat...explained.html

VERY IMPORTANT:

WARNING! While the statute of limitations (SoL) is running or even after it's expired, making ANY payment or signing a promissory note can reset or restart (depends on your state law) the statute of limitations. Always ensure the debt is valid, and then check your state laws to see if the debt has a statute of limitations BEFORE taking any other action such as making a payment or signing an agreement to make payments.

Mike - I just re-read your first post and realized that you said the debt was a Federal Student Loan - please read the following from that link I posted above:

WARNING! Not all debt has a statute of limitations! Also, when the SoL expires, it can be used as a defense to bar collectors from collecting through the courts, however the debt DOES NOT go away! Collectors can still attempt to collect the debt using other legal dunning methods

For instance, there is NO statute of limitations on:

Federal Student Loans;
Most Types of Fines;
Past Due Child Support (state dependent); and
*Taxes (In many cases, income taxes have a 10-year SoL but this can be suspended as well as have more time added by filing the proper forms. Check with a local tax resolution expert about your particular situation.

I'm so sorry that there is no SOL for your student loan.

I left the other info up anyway for anyone else who may be helped by it.

[mrg]

Mike:

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

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

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

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

If you go to the clerk of court and see any "problems" with their record, do not say anything to them about it.

In Illinois, the "mini-transcript" is called a "half-sheet."

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