[cherryc4182]

I recently contacted a collection ageny about a debit that apeared on my credit report.. after a battle I agreed to settle with them for an amoutnt. I even had them send me paper working stating that they would settle for that amount.. so I paid the full amount by the date given. They sent me a letter sateing that they received my payment and that there is no further oblaigation with them. Well 4 months later I noticed my wadges were being garnished and had to do a lot of leg work to find out why turns out that they did a judgement againist me to garnish my wadges... my question is... are they suppose to notify me that they are taking this to court to get a judgement? I never received or signed for any paper work I mean they had my address to cause they sent me letters about settling and what not.. which I have kept.. even after I settled and got it in writing can they get more money from me even though we stettled for half of the debit that is owed. This is in California

[Fr_Chuck]

Yes, you would have had to be notified of a chearing for the judgment,

You need to challenge this in court

No if what you really have in writing, says they will settle for 1/2 as payment in full. What the wording,they often say half truths to make it sound like they say one thing but mean another

[cherryc4182]

Thanks I was planing on taking them to court anyway cause I didn't know about the judgement and they new how to contact me now they won't return any of my calls or letter (certifed letters) it does state on the letter that that I will have no further oblagation to them.. but I pretty sure I can get the judgement voided since I was never notified

[ScottGem]

You file a motion to vacate the judgment on the grounds of improper service. This gets you a new hearing. At the hearing you show the letter. If the date of the suit or judgment is after the date of the letter, then you have grounds for a suit against them.

[cherryc4182]

Thanks scott but another question would they have to give me the money that they are taking from my wadges back too since we agreed on the amount is paid but there still collecting on a debt that was stettled?

[ScottGem]

Not only will they have to return the money, you can sue for damages. Assuming this is the same debt, they broke their contract with you.

[cherryc4182]

Thank-you that's good to know and since I'm navy and have good legal system I'm pretty sure I can get the maxed owed to me.

[ScottGem]

Well let me say that I think you will get a judgment for what you are owed. Collecting on that judgment may be another story.

[cherryc4182]

True I would be fine if they would just stop the judgement and give money back the money the took.. im not looking to make money but there avoding all phone calls and letters sent to them about this so there leaving me no choice