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A question for one of you lawyers

AUTailgatingRules

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A question for one of you lawyers
« on: July 13, 2009, 04:03:21 PM »
As you guys may or may not know, I used to own my own Golf business.  I had to close the doors after Sept 11 and it took a few years to get all my accounts paid off.  I paid my last on off in July 2008 as follows:

Original debt $25,000
Paid payments of $10,000
Settled remaining $15,000 for $6,000

It has been a year now of fighting to get them or their collection attorneys to report a settlement of their judgement against me.  I am now fed up and was wondering what recourse I may have?

Can I turn the judgement around against them?
Can I sue for damages to my credit or higher interest rates etc
Can I sue to force them to file the satisfaction once and for all?
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wesfau2

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Re: A question for one of you lawyers
« Reply #1 on: July 13, 2009, 04:51:55 PM »
As you guys may or may not know, I used to own my own Golf business.  I had to close the doors after Sept 11 and it took a few years to get all my accounts paid off.  I paid my last on off in July 2008 as follows:

Original debt $25,000
Paid payments of $10,000
Settled remaining $15,000 for $6,000

It has been a year now of fighting to get them or their collection attorneys to report a settlement of their judgement against me.  I am now fed up and was wondering what recourse I may have?

Can I turn the judgement around against them?
Can I sue for damages to my credit or higher interest rates etc
Can I sue to force them to file the satisfaction once and for all?

I need a little more info:

1) You reference a judgment, was there a judgment in the amount of $25K?
2) If "yes" to #1, did you get a partial release when you paid $10K?
3) Did you execute any type of settlement agreement, or do you have other (written) evidence of their acceptance of $6K in settlement of the entire balance?

The answers (additional info notwithstanding) to your questions are:

1) No, a judgment is what it is, there is no "turning it around".
2) Maybe, but it will be very hard to prove without some documentation of the settlement agreement and hard evidence of your damages.
3) Probably not a separate suit, but IF there was a written settlement agreement and you have performed your part, you might petition the court in the underlying suit to issue an order releasing you upon evidence of compliance with the written settlement agreement.

DISCLAIMER:  I AM NOT YOUR ATTORNEY AND YOU MAY NOT RELY UPON MY ADVICE.
« Last Edit: July 13, 2009, 04:53:05 PM by wesfau2 »
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You can keep a wooden stake in your trunk
On the off-chance that the fairy tales ain't bunk
And Imma keep a bottle of that funk
To get motel parking lot, balcony crunk.

AWK

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Re: A question for one of you lawyers
« Reply #2 on: July 13, 2009, 06:11:59 PM »
I need a little more info:

1) You reference a judgment, was there a judgment in the amount of $25K?
2) If "yes" to #1, did you get a partial release when you paid $10K?
3) Did you execute any type of settlement agreement, or do you have other (written) evidence of their acceptance of $6K in settlement of the entire balance?

The answers (additional info notwithstanding) to your questions are:

1) No, a judgment is what it is, there is no "turning it around".
2) Maybe, but it will be very hard to prove without some documentation of the settlement agreement and hard evidence of your damages.
3) Probably not a separate suit, but IF there was a written settlement agreement and you have performed your part, you might petition the court in the underlying suit to issue an order releasing you upon evidence of compliance with the written settlement agreement.

DISCLAIMER:  I AM NOT YOUR ATTORNEY AND YOU MAY NOT RELY UPON MY ADVICE.
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Redskins cornerback DeAngelo Hall said, "Guys don't mind hitting Michael Vick in the open field, but when you see Cam, you have to think about how you're going to tackle him. He's like a big tight end coming at you."

Saniflush

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Re: A question for one of you lawyers
« Reply #3 on: July 14, 2009, 07:09:06 AM »
If you find a way let me know.  The credit/no credit reporting in this country is an absolute sham with the burden of proof on the individual.  I understand the system is needed but in it is broken in it's current form. 
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"Hey my friends are the ones that wanted to eat at that shitty hole in the wall that only served bread and wine.  What kind of brick and mud business model is that.  Stick to the cart if that's all you're going to serve.  Then that dude came in with like 12 other people, and some of them weren't even wearing shoes, and the restaurant sat them right across from us. It was gross, and they were all stinky and dirty.  Then dude starts talking about eating his body and drinking his blood...I almost lost it.  That's the last supper I'll ever have there, and I hope he dies a horrible death."