Negotiating with CA after judgement

Tomp · 05-13-2008, 10:51 AM

I have been told by a CA/law firm that they do not have to provide proof of the debt before the judgement? Is this correct? They are also telling me that they their client will not consider a settlement unless I give them income and expense information. By the way, their "client" is an llc that is owned by the law firm. Are they giving me correct info?

Qtip · 05-13-2008, 11:20 AM

I do not want to sound rude, however Ca's will tell you anything all they care about is getting paid. If you want to post some specifics about the situation, we will try to help. For starters what state are you in? how long has it been since the judgment? Was the alleged debt within SOL?

jlynn · 05-13-2008, 11:25 AM

Your other post mentions you are trying to help a client clean up a judgment. If the judgment has already been obtained, then proof of its existence is the only proof they need. (The document from the court awarding the judgment). They do not have to show proof of the original debt anymore.

As far as settlement, if this is a judgment already - they don't have to accept one at all. Are you talking to the holder of the judgment? Or a collection agency trying to collect it on the holder's behalf?

Need more details.

Tomp · 05-13-2008, 12:03 PM

Yes, I am helping my client with this judgement. Here are a few specifics on it.[*]We are in Missouri[*]The judgement was filed on 6/10/2004 by a JDB that is also owned by the law firm.[*]The original debt was a Master Card that was opened 11/95[*]It went into default 7/2001.[*]The original creditor is noton the credit report, it is just on title.

I told the CA that we are closing on a refinance and it is not beneficial to him if he has to pay the full amount. She said that their client wont consider a negotiated settlement unless we provide income and expenses, utilities, bank accounts etc.

My client is older and says he does not recall this debt at all. He does have a son by the same name.

Thanks

jlynn · 05-13-2008, 12:13 PM

Then your client or someone needs to get a copy of the judgment straight from the courthouse, and see if it was placed on his credit reports in error, and actually belongs to the son.

ilovemydogs · 05-13-2008, 07:56 PM

Quote:

Originally Posted by Tomp

Yes, I am helping my client with this judgement. Here are a few specifics on it.[*]We are in Missouri[*]The judgement was filed on 6/10/2004 by a JDB that is also owned by the law firm.[*]The original debt was a Master Card that was opened 11/95[*]It went into default 7/2001.[*]The original creditor is noton the credit report, it is just on title.

I told the CA that we are closing on a refinance and it is not beneficial to him if he has to pay the full amount. She said that their client wont consider a negotiated settlement unless we provide income and expenses, utilities, bank accounts etc.

My client is older and says he does not recall this debt at all. He does have a son by the same name.

Thanks

You really have to look into this.
You have to find out where and when the judgement was mailed.
Who was the OC and then now you say it is a JDB.
I would also get myself a NACA lawyer to try to help you at least settle this one way or another.
This may not even be your clients.
I also believe that even when there is a judgement, they WILL settle as getting MONEY now is better than WAITING for a decade or more.