[Mstrmann]

I had a judgment against me from an attrny representing citibank (supposedly). This goes back to some time in 2005. I didn't know what I was doing at the time. The judgment amount was well above what I owed on the card, I tried to settle, they refused, got the summary judgment on me and I've been paying $25 a month ever since.
About 6 months ago, the original attrny sold (I assume) the account to another attrny whom is now taking me to court to get more money. Looking back, I know I was steam rolled. I've paid close to if not all the money I every charged to this card. Any way out of this mess? I'm in Mass, and I know that's not much help. I'd really like to appeal but I know its too late. I've been paying $ all along and that looks like admission right there. I live check to check and I don't want to file Ch 8 or 13, Any and all suggestions welcome.

[rockinmommy]

Well, you have to consider that you also owe a ton of interest, not to mention all the attorney fees, etc, by this point. Even if you had been paying the credit card company as agreed all this time the amount you'd pay is FAR more than just whatever you charged.

The only successful strategy I've ever heard for making this kind of thing go away is to come up with a large portion of what you "owe" and pay them a lump settlement.

[this8384]

This is all very confusing. Once someone obtains a judgment on you, the only person they "sell" it to would be a collection agency, not another attorney. Attorney B isn't going to get anything more unless he has the case reopened, which I doubt he'll do because money was already awarded to Attorney A.

Did you try to settle with them in or out of court? Did you show up in court to fight the amount you were being sued for?

[JudyKayTee]

This is all very confusing. Once someone obtains a judgment on you, the only person they "sell" it to would be a collection agency, not another attorney. Attorney B isn't going to get anything more unless he has the case reopened, which I doubt he'll do because money was already awarded to Attorney A.

Did you try to settle with them in or out of court? Did you show up in court to fight the amount you were being sued for?

What everyone has said and depending on the amount of the Judgment I doubt that $25/month even paid the interest.

[Mstrmann]

This is all very confusing. Once someone obtains a judgment on you, the only person they "sell" it to would be a collection agency, not another attorney. Attorney B isn't going to get anything more unless he has the case reopened, which I doubt he'll do because money was already awarded to Attorney A.

Did you try to settle with them in or out of court? Did you show up in court to fight the amount you were being sued for?

I made a substantial offer which they refused the first time with attorney A. The $25 a month was to somewhat keep them off me in case they said I made no effort to satisfy the judgment against me. For over 2 years, attrny A accepted my payments without as much as a phone call to complain about it. I did show up in court several times prior to the judgment and I don't believe it did me any good. I didn't know much of anything when it came to defending myself.

Attrny B has me going to court in Nov. to have a hearing of some sort to determain my ability to pay and how much. (I believe)

The first attorney did hand it off to another attorney and I don't know why. I have decided to call attrny A though to see if I could get some answers. Thanks for the help

[JudyKayTee]

I made a substantial offer which they refused the first time with attorney A. The $25 a month was to somewhat keep them off of me in case they said I made no effort to satisfy the judgment against me. For over 2 years, attrny A accepted my payments without as much as a phone call to complain about it. I did show up in court several times prior to the judgment and I don't believe it did me any good. I didn't know much of anything when it came to defending myself.

Attrny B has me going to court in Nov. to have a hearing of some sort to determain my ability to pay and how much. (I believe)

The first attorney did hand it off to another attorney and I don't know why. I have decided to call attrny A though to see if I could get some answers. Thanks for the help

Attorney A may no longer do collection work; he didn't necessarily sell this off.

They really don't have to accept an offer - they are pretty much sure that, because they have a judgment, they WILL collect.

What was your defense when you went to Court?

[Mstrmann]

What everyone has said and depending on the amount of the Judgment I doubt that $25/month even paid the interest.

No it didn't. But for over 2 years it kept them away from me. I need an out. A settlement doesn't seem realistic with a judgment in place. I don't have 12K lying around, I don't have 12 bucks lying around. This is why I'm seeking other solutions. Thanks for your input.

[Fr_Chuck]

Ok, at the judgement they add legal fees, allot of late fees, interest. So at the time of the judgement it is not uncommon to owe almost twice the original amount.

Then there will be interest all of this time you have been making a token payment

So the money you have been sending 25 a month would most likely not even be making interest, so it is likely you owe more today than you did at the time of the original judgement.

1. prove the original judgement was invalid and you never actually owed the original amount.

2. prove the legal fees, interest and late fees are not legal where you live ( doubtful)

You needed to have worked out a payment plan they agreed to,

I don't know why anyone else is going to court, they already have a judgement so they should be able to garnish your pay, attach your bankaccounts
(* if allowed in your area) with out having to take you back to court

[Mstrmann]

Well, you have to consider that you also owe a ton of interest, not to mention all the attorney fees, etc, by this point. Even if you had been paying the credit card company as agreed all this time the amount you'd pay is FAR more than just whatever you charged.

The only successful strategy I've ever heard for making this kind of thing go away is to come up with a large portion of what you "owe" and pay them a lump settlement.

A large portion would be the amount of the judgment I would imagine. Not going there if I can help it. They got me for over 5k of what the balance of the card was plus all the payments I ever made. If they would go for half I might be able to pull it off.
Thanks for your input.

[Mstrmann]

Attorney A may no longer do collection work; he didn't necessarily sell this off.

They really don't have to accept an offer - they are pretty much sure that, because they have a judgment, they WILL collect.

What was your defense when you went to Court?

It was pretty much stupidity. The attrny and the judge went back and forth and I was there like a deer in the headlights.

[Mstrmann]

Ok, at the judgement they add legal fees, allot of late fees, interest. So at the time of the judgement it is not uncommon to owe almost twice the orginal amount.

Then there will be interest all of this time you have been making a token payment

So the money you have been sending 25 a month would most likely not even be making interest, so it is likely you owe more today than you did at the time of the orginal judgement.

1. prove the orginal judgement was invalid and you never actually owed the orginal amount.

2. prove the legal fees, interest and late fees are not legal where you live ( doubtful)

You needed to have worked out a payment plan they agreed to,

I don't know why anyone else is going to court, they already have a judgement so they should be able to garnish your pay, attach your bankaccounts
(* if allowed in your area) with out having to take you back to court

Prove the original judgment was invalid? Has it ever been done? I mean I screwed up by not denying anything or contesting anything. Can I go back after this much time and a succession of payment for the last 3 years? Nice if I could.

[Fr_Chuck]

I am sure at some point and time anything and everything has been proved.

This is of course easier at the first court hearing, make them prove you owe the money, you challenge the very fact you owe it. You would be surprised what little paper records are keep over years.

Just not sure your rights years after a judgement has been ruled on.

[this8384]

What everyone has said and depending on the amount of the Judgment I doubt that $25/month even paid the interest.

Very much agreed; $25 doesn't do much for anyone these days.

What I don't understand is the OP first stating that he's being taken back to court by the attorney in an attempt to get more money; now s/hes stating that the attorney is taking her/him back to court to determine their eligibility to pay... they think.

Why wouldn't attorney B just file for a garnishment instead of having another hearing? As far as I know, the only reason s/he couldn't would be if garnishment would cause the OP's income would fall below the poverty level. At least, that's been my experience when I've sued people.

Like Chuck said, I don't know what options are left at this point because certain cases have a timeframe in which you're allowed to appeal them.

[ScottGem]

The only thing I disagree with here is that the judgement amount would increase. I believe (though I could be wrong) that once a creditor obtains a judgement, the amount is frozen. So the $25 would be reducing the amount owed.

[JudyKayTee]

The only thing I disagree with here is that the judgement amount would increase. I believe (though I could be wrong) that once a creditor obtains a judgement, the amount is frozen. so the $25 would be reducing the amount owed.

Hmm - good question. I haven't done collection work in years. I know in SC it does continue to run. I just looked up SC law and it says: "G.S. 53-173(c) provides that if a judgment is obtained on a consumer finance debt of $3,000 or less, neither the judgment nor the loan shall carry, from the date of the judgment, interest in excess of 8% per annum. This post judgment interest rate restriction is also made applicable to loans of $10,000 or less by G.S. 53-176."

[this8384]

In WI, judgments have a 12% annual interest rate. So like you both have said, the judgment amount is set, but there's going to be interest on it and $25 isn't going to scratch the surface... it won't even blow a gentle breeze across it.

[Mstrmann]

Very much agreed; $25 doesn't do much for anyone these days.

What I don't understand is the OP first stating that he's being taken back to court by the attorney in an attempt to get more money; now s/hes stating that the attorney is taking her/him back to court to determine their eligibility to pay...they think.

Why wouldn't attorney B just file for a garnishment instead of having another hearing? As far as I know, the only reason s/he couldn't would be if garnishment would cause the OP's income would fall below the poverty level. At least, that's been my experience when I've sued people.

Like Chuck said, I don't know what options are left at this point because certain cases have a timeframe in which you're allowed to appeal them.

I don't know why they wouldn't go for wage garnishment (glad they're not) I've stated in prior court hearings and to the attrny that I do not have anything to attach, my income is steady but usually spent on family matters and the like. If I could, I'd like to make an offer at some point down the road but am reluctant still, due to the judgment they have in hand. Am I making any sense? If it's too late to do anything, it's too late. The outcome should have never come to this and I failed in my meager attempt to satisfy their demands.

It's something I should have considered, but looking back, I should have filed for chapter 8. By now it would be all gone and enough time would have lapsed that I probably would have a fair credit rating. So much for doing the right thing.

[Mstrmann]

The only thing I disagree with here is that the judgement amount would increase. I believe (though I could be wrong) that once a creditor obtains a judgement, the amount is frozen. so the $25 would be reducing the amount owed.

Does anyone know the rules for this in Massachusetts?

[this8384]

I don't know why they wouldn't go for wage garnishment (glad they're not) I've stated in prior court hearings and to the attrny that I do not have anything to attach, my income is steady but usually spent on family matters and the like. If I could, I'd like to make an offer at some point down the road but am reluctant still, due to the judgment they have in hand. Am I making any sense? If it's too late to do anything, it's too late. The outcome should have never come to this and I failed in my meager attempt to satisfy their demands.

It's something I should have considered, but looking back, I should have filed for chapter 8. By now it would be all gone and enough time would have lapsed that I probably would have a fair credit rating. So much for doing the right thing.

Unfortunately, you're incorrect. If you've got a job, then they've got something to garnish. They don't care if you need it for your family or not; they want their money.

I doubt they're going to accept a settlement at this point; a judge awarded them the money, why would they take less?

[twinkiedooter]

I made a substantial offer which they refused the first time with attorney A. The $25 a month was to somewhat keep them off of me in case they said I made no effort to satisfy the judgment against me. For over 2 years, attrny A accepted my payments without as much as a phone call to complain about it. I did show up in court several times prior to the judgment and I don't believe it did me any good. I didn't know much of anything when it came to defending myself.

Attrny B has me going to court in Nov. to have a hearing of some sort to determain my ability to pay and how much. (I believe)

The first attorney did hand it off to another attorney and I don't know why. I have decided to call attrny A though to see if I could get some answers. Thanks for the help

You say the hearing in November is to determine your ability to pay more than the $25 a month sum on your debt. The attorney wants money, plain and simple. He's probably going to petition or motion the court for permission to serve Financial Interrogatories on you which you must fill out, have notarized and return to that attorney within so many days. Then he will take you back to court and have the judge up your monthly ante. Or he will happily seize one or more of your assets to settle your judgment amount. This will all depend on what you put down on the Financial Interrogatories. Apparently they are tired of the $25 token payment and want some serious money.