Author Topic: Does FDCPA apply to post judgment collection? What do you think?  (Read 3443 times)

0 Members and 1 Guest are viewing this topic.

no_more_plastic

  • Valued Member
  • Posts: 191
So... I get a call from a law firm today regarding an outstanding judgment from a while ago. Since I'm already paying on a judgment, I asked for the docket # so I can look it up and make sure it's not the one I'm already paying. The agent wouldn't let me off the phone without setting up a payment arrangement, citing my refusal to pay and threatened "further action" to collect. I insisted I only wanted to look up the docket # and make sure this was my judgment. At the time, I wasn't thinking of FDCPA, but after reading another thread, where this was quoted: "the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector." in light of this, wouldn't this apply to me?

Mischievous Smurfy

  • Valued Member
  • Posts: 5595
Re: Does FDCPA apply to post judgment collection? What do you think?
« Reply #1 on: February 11, 2011 01:39:33 AM »
yes the FDCPA applies to any third party attempting to collect even if the debt has been reduced to a judgment ...

the only caveat is that if you DV or dispute they are only required to send you a copy of the judgment...

that cracks me up ... wouldn't let you off the phone ... just hang up..

please don't tell me you gave this guy any information ...
Ease of Use - Smurfy's Quick Reference


why are we requesting validation instead of disputing???  Why Why Why

no_more_plastic

  • Valued Member
  • Posts: 191
Re: Does FDCPA apply to post judgment collection? What do you think?
« Reply #2 on: February 11, 2011 11:50:11 AM »
yes the FDCPA applies to any third party attempting to collect even if the debt has been reduced to a judgment ...

the only caveat is that if you DV or dispute they are only required to send you a copy of the judgment...

that cracks me up ... wouldn't let you off the phone ... just hang up..

please don't tell me you gave this guy any information ...


I agreed to a settlement, but did NOT give them any of my info. I'm supposed to make a payment today. It's easy for you to laugh and say just hang up, and if this was just a regular attempt to collect before suit I would have hung up. But considering it was concerning a judgment and  possibly a visit by the sheriff and garnishment, you react differently. Especially after you're caught off guard after 6 years....

CleaningUp

  • Valued Member
  • Posts: 8518
Re: Does FDCPA apply to post judgment collection? What do you think?
« Reply #3 on: February 11, 2011 01:38:40 PM »
No.  Hanging up is the way you get off the phone.  It is not a laughing matter.  It is illegal to harass and badger a consumer over the collection of a debt, even a debt that is a judgement. Tell the caller you will take the matter under advisement and hang up if you are being bullied.

No. The sheriff isn't going to come beating on your door if you hang up.  He may bring you a subpoena for an asset review at some time, but not the minute you get off the phone.

Garnishment/Attachmnent:  You need to read up on the rules for these in your state.  They will tell you how and when a judgment creditor is allowed to do them.


One of the bigger, under-reported of collections abuses is the pressuring of the consumer into settlements that they cannot afford to pay. Problem comes in that the consumer agrees to these impossible terms, and the judge just goes along just because you agree.

It is often more to the consumer's advantage to allow the judge to set the repayment schedule, as he, although probably biased, is less biased than the creditor's attorney.

You have four basic option:  1) Pay as agreed, 2) Renegotiate payment arrangements, 3) Do nothing and wait for the court to drag you in, or 4) Petition for a hearing before the court to reach a payment arrangement you can afford to keep to.

It is always perilous to make an agreement that you cannot live up to.

trueq

  • Valued Member
  • Posts: 4864
Re: Does FDCPA apply to post judgment collection? What do you think?
« Reply #4 on: February 11, 2011 01:46:08 PM »
What state are you in?

Here's a list of what someone can do to collect a judgment in your state.

http://armednet.com/#/state-compliance-links/4544774950

For instance.   I'm WI.   they can only wage garnishment and property lien  (which includes property execution, which is difficult and messy,and rarely used).    If you are on food stamps or other public assistence, wage garnishment is out.    If your equity in real property is less than $75,000 ($150,000 for married couples), the state bK exemptions,  that is exempt an they cannot lien.  If the rest of your property is within the state BK exemptions, you are uncollectable.

So the "further action" threat could violate FDCPA in such an instance.

However, the judgment collection issues in many states are not as friendly as WI.   so in that case, the threat may not be as a clear violation of fDCPA.

My view:  always sue under FDCPA.   9 in 10 they cut a check to make you go away.   Other 10% will fight, and after you beat them on 3-4 motions like I did, then they cut a check.
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

no_more_plastic

  • Valued Member
  • Posts: 191
Re: Does FDCPA apply to post judgment collection? What do you think?
« Reply #5 on: February 11, 2011 02:19:23 PM »
I already know all about what they can do to collect on judgments in my state, as I'm paying on a different one as we speak. I can afford the payment plan, no problem. I could pay the whole thing up fron if I wanted to, but I look at it this way, If I die tomorrow, why should I give them goons any more money than they deserve? Hence the payments.

The fact now is, they broke the law, and I plan on waiting 5 days and then sending them an ITS based on 809-A (3), (4), & (5)

trueq

  • Valued Member
  • Posts: 4864
Re: Does FDCPA apply to post judgment collection? What do you think?
« Reply #6 on: February 11, 2011 02:22:24 PM »
Is there any reason not to blow both these judgments out on BK?

(Meaning do you have non-exempt BK assets?)
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

no_more_plastic

  • Valued Member
  • Posts: 191
Re: Does FDCPA apply to post judgment collection? What do you think?
« Reply #7 on: February 11, 2011 02:28:37 PM »
Is there any reason not to blow both these judgments out on BK?

(Meaning do you have non-exempt BK assets?)

Nonewhatsoever, I will probably be filing 7 in a few months. But until then I can't have them trying to take my stuff. My money is exempt, but I know "accidents" happen.

trueq

  • Valued Member
  • Posts: 4864
Re: Does FDCPA apply to post judgment collection? What do you think?
« Reply #8 on: February 11, 2011 02:34:30 PM »
If that is case, I would stop paying and BK next week.

If you are making payments on debt you will BK, you are throwing money away.

You can't take all money out of bank and get bank money orders as needed until BK?

If in your position, I would not even be entertaining, much less making a payment in a situation like this.

My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

no_more_plastic

  • Valued Member
  • Posts: 191
Re: Does FDCPA apply to post judgment collection? What do you think?
« Reply #9 on: February 11, 2011 02:46:54 PM »
If that is case, I would stop paying and BK next week.

You can't take all money out of bank and get bank money orders as needed until BK?


Believe me, I would have already filed BK if I could. I can't file until May or June.

For the most part, I have been paying through money orders, but I have some accounts that are directly debited so I must keep just the minimum amount to cover those and my minimum balance requirement.

trueq

  • Valued Member
  • Posts: 4864
Re: Does FDCPA apply to post judgment collection? What do you think?
« Reply #10 on: February 11, 2011 03:14:22 PM »
I'd shut those accounts down and reopen them after BK.

I'd sue on FDCPA issues AFTER bankruptcy is clear.
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

no_more_plastic

  • Valued Member
  • Posts: 191
Re: Does FDCPA apply to post judgment collection? What do you think?
« Reply #11 on: February 11, 2011 03:39:15 PM »
I'd sue on FDCPA issues AFTER bankruptcy is clear.

Really? Why is that?

trueq

  • Valued Member
  • Posts: 4864
Re: Does FDCPA apply to post judgment collection? What do you think?
« Reply #12 on: February 11, 2011 04:03:08 PM »
FDCPA claims in progress become part of BK estate.  Those FDCPA claims would need to fall under one of the exemptions or they are non-exmept and any FDCPA award will be dispersed to your creditors.   If you win those FDCPA claims they will go to discharged creditors that filed a claim in BK.

There is a chance, neither judgment creditor will file a claim in the BK, but that is remote.

You got a time issue.   FDCPA SOL issues are 12 months.   Ch. 7's take 3 months, even on fast track.   So waiting until June to file BK may be cutting FDCPA SOL close.

You can always not sue under FDCPA and not worry about ch.7 timing, but that is your call.
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

no_more_plastic

  • Valued Member
  • Posts: 191
Re: Does FDCPA apply to post judgment collection? What do you think?
« Reply #13 on: February 11, 2011 04:41:10 PM »
FDCPA claims in progress become part of BK estate.  Those FDCPA claims would need to fall under one of the exemptions or they are non-exmept and any FDCPA award will be dispersed to your creditors.   If you win those FDCPA claims they will go to discharged creditors that filed a claim in BK.

There is a chance, neither judgment creditor will file a claim in the BK, but that is remote.

You got a time issue.   FDCPA SOL issues are 12 months.   Ch. 7's take 3 months, even on fast track.   So waiting until June to file BK may be cutting FDCPA SOL close.

You can always not sue under FDCPA and not worry about ch.7 timing, but that is your call.

Thanks for the info. I'm married to the May or June filing. Not much I can do there. I may just sue for the moral victory and what ever happens to the settlement happens.