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Update2 on Collection Agency trying to collect on old garnishment?


Sueing them would not be an option, because I would have to travel back to California to sue them and it would wind up costing me more that it was worth. And this company Centrak Business Bur. is the original Debt Collector that filed the suit. And I cant contact the original creditor because they went out of business.

I'm not sure what wareagle is talking about....it's a simple matter for an out of state lawsuit to be collected in a different state by filing a foreign judgment. But that doesn't apply to you here anyway.

My previous advise stands. Send them a letter demanding a complete accounting of what they claim you owe, and why.

I read your first update....that additional amount is probably "judgment interest" that is added. From the time the judgment is ordered you have to pay a certain amount of interest that is set by the state. That amount does seem a bit high but I don't know what California charges.

At this point you are still dealing with FDCA violations. You do not need to go to California to sue them for that, you can do it from a local court. But one incentive you consider.....California has some interesting rules regarding debt collectors who pursue debts that they know they have no legal right to collect. In many states, they can just say "oops...didn't know you paid that", and they walk away.

But in California, you can get them under extortion charges. By sending them a "demand to validate" letter and informing them the debt was paid, it now forces them to carefully examine the debt to prove they have a legitimate claim. If they don't, you have them for both FDCA violations, plus penal code violations.

Do not just ignore these guys....push back! I still don't have details of your problem but it sounds like you have a good case. See if there is a local attorney that does FDCA defense who would take this on under a contingency basis. There are a number of attorneys doing that sort of work now, because it's so easy to win them....and they collect when they win the case.

If you live out of the state the judgment was granted in they most likely are not banking on your $$ anyway. they are pretty limited on what they can do to you out of state. to garnish your wages they would need to domesticate the judgment locally and have a atty. licensed to practice in your current state initiate the garn which would be costly and time consuming. im sure your main concern is your credit anyway.

they would be very open to settling for next to nothing i would assume. give it a shot.

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