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Clearing a Judgment (Consumer Law & Fraud)

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• Sun, 09 Dec 2007 10:01:00 GMT(1)
• JK - thanks for your reply -
  
  Bishop White and Marshall are listed as the owner of the judgment.
  
  i haven't forgotten the interest, i owe another $3500, but w/interest it's $4200, which they are charging 12% daily (even though they are delaying the payment). I'm willing to pay that, and the balance to clear this, if they would just stop playing games with me.
  
  So based on your comment, looks like I need to contact Bishop White and Marshall and request a letter stating they sold the judgment. I then need to ask the court to vacate the judgment based on that.
  
  Do i need an attorney in Seattle (where the judgment is) or in Austin, where I currently live to do this?
  
  If they rebut the request to vacate, which I'm sure someone will do, then this might force their hand to accept payment. I find it hard to believe there is no protection for people like me who are at the mercy of these collection agencies (predators). If they were calling me, they wouldn't give me the same courtesy I'm affording them, that's for sure.
• Sun, 02 Dec 2007 09:00:00 GMT(2)
• Dig up your own records of payment.
• Sun, 09 Dec 2007 11:16:00 GMT(3)
• I made a correction but it slid by you. You are not looking to have the judgement vacated but to have it indicated as satisfied. Vacating the judgement would effectively make the original judgement null and void, which would be incorrect. You want the judgement to indicate it was satisfied therefore, recorded so it cannot come back to haunt you with an undefendable suit in the future.
  
  You will need to do this wherever the judgement was entered (Washington). As well, if the judgement was domesticted into Texas, that would also need to be treated the same.
  
  one thing I just want to be sure is clear:
  
  was the judgement actually ordered for Bishop et al or were they simply the representatives of some other entity. In other words, be sure you get everything signed off by the actual plaintiff of the suit that caused the judgement, not simply their reps. Companies can use different attorneys, collection agencies as time progresses but the judgement would stay with whomever the actual plaintiff was (unless sold to another party)
• Sat, 08 Dec 2007 12:04:00 GMT(4)
• so, on the court records, who is listed as the owner of the judgement?
  
  btw: you seem to forget the interest that would have acrued from when you stopped paying until current accounting. We are talking about 6 years ago. Have you actually calculated what the amount should be (with the added interest)?
  
  So, do you have the "case closed" in writing from the original owner of the judgement?
  
  Did you if the judgement was sold to another entity?
  
  If it was not sold, then they still hold the judgement so take your letter and file to vacate the judgement based upon their statement. they will have a chance to rebut and I will bet they will then figure out how much it will take to pay it off.
  actually it wouls not be vacating the judgement. You would want the courts to indicate it is satisfied
• Mon, 17 Dec 2007 17:12:00 GMT(5)
• so the saga never seems to end.
  
  I've provided every piece of evidence of payment. Bishop white and marshall have "sent" proof of wired payments to wolpoff & abramson back in July 07.
  
  I call w&a and they tell me they don't have proof. I call BW&M again and they say they talked to someone there, they gave me the name of Don Ryder. BW&M won't send me proof of what they sent to W&A because as she (Gail) said, I have to check with my lawyer to see if I can send you further proof.
  
  So i call w&A back and ask for Don Ryder. Oh, they say, Don doesn't talk on the phone and he left at 3:09 pm today. Ok, is there someone else who can help? No he says. What's your name sir, I ask. Derik Acevedo. He also adds, oh ma'am. Sometimes in life you get news you don't want to hear.
  
  I respond, yes, you do. Remember that when you get served with papers in the case I'm about to open against your company.
  
  Now i sit and wait for the seattle lawyer to call me back. I no longer want to pay this debt. now i want to file a suit against Bw&M, w&A and palisades.
  
  Is this cause for something bigger? A class action by chance? There seem to be enough people who have had to deal w/their tactics.
• Sun, 02 Dec 2007 12:06:00 GMT(6)
• thanks aaron. I have my paycheck stubs which show the payments, so I'll forward those to them.
  
  thanks
• Sat, 08 Dec 2007 11:44:00 GMT(7)
• last week I posed the question above and got great advice on sending in proof of payment.
  
  I sent in proof of payment, from my paycheck stub showing the garnishment. I also got proof of payment from Bishop white and marshall, the lawfirm who had placed the garnish against me in seattle.
  
  bishop white and marshall says the case is closed with them and they referred me back to palisades (this is who i sent proof of payment to). Palisades says they have to verify payment with WOlpoff and abramson.
  
  wolpoff and abramson say i have to contact bishop white and marshall to verify payment. For weeks now I've been playing their games and being really nice about it, hoping that would help things along
  
  My new question - since no one will take payment and no one will accept ownership for the judgment is it possible to file a motion to dismiss (if that's even a valid term in this case) the judgment?
  
  I no longer live in seattle where the judgment was granted, so I'm really needing help.
  
  I'd rather pay the $3,000 to a lawyer to settle this matter than to pay these collection clowns who are just playing games with my credit and my time. But also can't seem to locate a lawyer who would handle this type of issue.
  
  Any thoughts?
• Mon, 17 Dec 2007 19:20:00 GMT(8)
• class action? who knows. There is a lot of work just to figure out if a situation is capable of sustaining a class action suit. Your attorney would be the best person to ask about it.
  
  as to it being something bigger? Possible. Your attorney would be able to advise you better than somebody on the net.
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