Subject: Still being harassed on judgment beyond SOL
Tue Feb 12, 2008 7:12 pm
I have an attorney trying to file a Writ of Garnishment on an 8 year old judgment. But it may just be bogus paperwork and they're just blowing smoke. According to my research (correct me if I'm wrong) in Florida they have 7 years from the date the judgment was certified to extend/renew it. The original judgment was recorded 7/20/07 and was certified on 9/12/07. They re-recorded it on 10/30/07. Looks like they missed the boat. Right? Yet by re-recording it it could show up on my credit!
Are they now guily of "misrepresenting the legal status of the debt"? Who should I report this to? The Florida Bar? Anyone else? How should I handle this?
I received a letter from your office on (DATE) over an alleged debt from (Year)with (Alleged Creditor/Utility Company). I have no knowlege about a past due amount owed to (Alleged Creditor/Utility Company).
Under (ENTER YOUR STATE) State Code the subject account has a (#)year limit for filing any legal action or collection.
The starting date of this statute of limitations being either, the date of the last mutual activity, or the date of first default with the ORIGINAL CREDITOR of the subject account. The ORIGINAL CREDITOR being VERIZON, which you stated in your dunning letter to me dated mm/dd/yyyy.
This notification is formal notice to you that any filing of such action by you, or your representatives or assigns, is therefore time-barred.
What you are attempting to do is clear, and continued collection activities, including reporting, verification or insertion of accounts, beyond their legal collection date, to any consumer credit reporting agency, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.
Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.
Since this alleged debt is clearly past the legal time frame for continued collection activity, you will cease any further contact with me.
You are not to sell, transfer, assign, or share any information about me or this alleged debt with anyone else.
Your personal details (name, email address and phone number) will be delivered to the company advertised on the Creditmagic after ve agreed to go for the counseling session by filling out the no-obligation form. However, it is your discretion to accept or reject their services.
Not all the creditors/debt collectors agree to trim down the outstanding balances, interests, and fees payable by the consumer.
Consumers working with the debt relief companies can still be sued by the creditors/collection agencies.
Debt relief services may have a diminishing effect on the creditworthiness of the consumer. The total outstanding balance may increase as the additional fees get accrued.
The overall amount saved by the consumer through the debt relief services is considered as taxable income by the IRS.