LVNV - judgment and garnishment, need help !!!!

Submitted by Anonymous (not verified) on Wed, 04/14/2010 - 18:37
Forums

Here is my story.....
I have a bad debt from Sears, it was sold to collectors and ended up
in the hands of LVNV. They have in turn acquired an attorney's office in my state (Arizona) to file for a judgment.
They recieved the judgment, (I ignored all the letters and notices thinking it would just go away from SOL) now (a couple years later) they filed for and recieved a garnishment. The garnishment of wages was quashed because I'm currently not employed, but I still would like to make this go away.

I have contacted the attorny's office ( they only do collections) and tried to settle with them but they say that my offer is just not acceptable.

-Original debt around $2800 (10yrs old)
-now they say its around $9000 (fees, interest, etc.)

I offered them $3000 but they said no.
Does anyone have any suggestions ?
I thought about calling LVNV directly and making an offer to them, but I found this forum while searching for their contact info, and decided to ask here first.

Thanks in advance

Hi Java,

You can try to discuss this with the collection agency itself. However, I don't know if they will agree to your settlement request. You had earlier ignored their collection efforts, and the judgment too. Still you can try. Can you tell me when this judgment was issued?

Thanks,

Aaron

Thu, 04/15/2010 - 06:31 Permalink

I also am wondering about the judgment timing. If it was recently you need to go try to get the judgment vacated. You could have won this lawsuit if you had went to the hearing on the grounds of the statute of limitations. I am not sure what they are in arizona but surely it would have passed. Let us know more of the judgments timing.
Aaron do you know how long you have to get a judgment vacated after it is issued and on what grounds you could use?

Thu, 04/15/2010 - 10:39 Permalink
java bean (not verified)

Aaron,
The judgment was filed back in 2001.
If I settle with LVNV will this make the attorney's stop persuing me ?

Thu, 04/15/2010 - 13:31 Permalink

Hi Java,

A judgment can be valid generally for 5-10 years. However, it varies according to the state. Thus, you need to check the statute on judgment in your state. If the statute on limitations has not yet expired, you can try to settle the amount with LVNV. Talk to them about your willingness to pay. That may work.

Thanks,

Aaron

Fri, 04/16/2010 - 11:30 Permalink
java bean (not verified)

Aaron,

I was browsing around this site some more.

Is it too late to ask the collection attorney for a debt validation ?
Just thought I would check some different options.

Thanks for your help

Fri, 04/16/2010 - 14:05 Permalink
java bean (not verified)

bump

Tue, 04/20/2010 - 06:48 Permalink

Hi Java,

You can ask for a debt validation from the collection agency only when you are not sure about the debt. If you know that you owe the debt, then there's no point sending a debt validation letter. Still if you want to be sure about the debt and the judgment, you may be able to get all the details from the court itself, where the case had been filed. You just need to visit the court, and request the court clerk to provide you with the details of the filings.

Hope this helps.

Regards,

Aaron

Tue, 04/20/2010 - 08:03 Permalink
Cyrano (not verified)

If a collection agency buys your debt, does that get the debtor off the hook? I know that sounds crazy, but if the original creditor couldn't be bothered to persue you themselves why should you pay some third party who delibretly bought your debt of their own free-will. No one forced them to buy your debt. They knowingly took a chance on a bad debt, so "caviet emptor". Plus they probibly bought for pennies on the dollar, so at the very least you should only have to pay what they purchased it for.

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