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-   -   Judgements (https://www.askmehelpdesk.com/showthread.php?t=55852)

  • Jan 19, 2007, 12:45 PM
    Kayess626
    Judgements
    I moved 2 months ago and did not notify the Collection Agency of my new address.
    I left a forwarding address at the Post Office and have received nothing from them by mail. If so, the post office would have forwarded it to me.

    Someone told me a Collection Agency can legally seek an "undercover" judgement secretly without notifying the debtor, based on the fact that they have no address for the debtor.
    They called my ex-husband (divorced 6 years ago) and told him if he did not give them my new phone number, they were seeking a judgement based on a "unable to contact" law.

    How long does a Collection Agency typically wait before pursuing a judgement against a debtor?
    If they get the judgement, do they always freeze bank accounts?
    (I only have enough money in savings to pay the bankruptcy attorney.)

    Will my bank, the courts or someone notify me if a judgement is in the process?

    Do they have to file the judgement in the County I live in or will it be filed in the County of the Collection Agency's business?

    Thanks
  • Jan 19, 2007, 12:55 PM
    mr.yet
    Change of address with the US postal Service to valid for 1 year. If they collection agancy mai lyou a letter the postal svc. Will forward it to you.

    Debt colletors try every short cut they can to take you to court to get the judgment without you knowing of it.

    If they do obtain a judgment without your knowledge, you will find out when the garnish something of your.

    Go to the court in your county a check with the clerk of the court to see if anything is under your name.

    That's my opinion
  • Jan 19, 2007, 01:38 PM
    ScottGem
    Its true that they try to get a judgement without your fighting it. But they do have to show the court they made a good faith effort to contact you. If they haven't, you can have the judgement vacated.

    They will file a judgement as soon as they determine you will not pay. As soon as they obtain a judgement they will go after any assets they know about and garnish your salary.

    If you are paying an atty to help you file for bankruptcy, they should be answering these questions.

    Where they file for the judgement depends on a few factors.
  • Jan 19, 2007, 04:53 PM
    Kayess626
    Thanks for replaying so quickly. You guys are amazing!
    I have consulted with attorneys but I have not filed yet. I just want to get the bankruptcy filed before they get a judgement against me. I have assets (chapter 13) I am not able to liquidate at this time.
    An attorney told me a bankruptcy will take care of the judgement but it will not do me any good if my accounts are frozen and I can't pay an attorney or my bills.
    Thanks again
  • Jan 19, 2007, 05:12 PM
    chippers
    The sooner you get the bankruptcy filed the sooner you are under their protection and by law once its filed collection agencies and other creditors listed in your petition are not allowed to contact you. Collection agencies have certain guide lines to follow. (check the federal trade commission's web site under the fair credit and collections act) it they continue to harrass you you can file a complaint with your states attorney generals office. Keep good records of dates times and ALWAYS get a name of the person you talked to. Sometimes they won't tell you their name just who they work for. The collection agencies will try any tactic they can to collect a debt. They can seek an undercover judgement from you (if not under bankruptcy protection) but the courts will notify you and you have the right to appeal.

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