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Being Sued?
 

Double collectors?

by Sharon
(Indiana)

My bank accounts are frozen, when I called the bank to find out why, they gave me the number to a court officer, who told me that I had a judgment out against me from 2002. I do recall all of this happening, my problem is I thought I resolved this in 2005 with a collection agency. I have the paper work from them and a letter of satisfaction, and it's from the same original collector, OSI funding- First USA bank. When I told the lawyer it was paid, they said it must be 2 separate accounts because they had it since 2002, I don't know what to do! I tried calling OSI and they don't have my SS# or name anywhere in their system and refuses to give me First USA Bank's phone number, I wanted to call them to find out how many accounts I have, because I think that is the only way to prove I have already paid this debt. Any suggestions?

I paid $900 to the collection agency, I don't think I should have to pay more to the lawyer, Of course the lawyers office doesn't want to hear it and just keeps telling me that they don't know what to tell me. I'm hitting a brick wall, can you help me? Oh yeah, even the court said that I couldn't really do anything because the judgment came from the lawyer so even with documents that I paid the collection agency doesn't help me. This all happened in NJ.

Comments for
Double collectors?

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Jan 22, 2010
 Billed Twice for a Collection Account
by: Gerri

It sounds like you are dealing with a collection nightmare!

Once an account gets to the stage where there is a judgment against you, it can become very difficult to deal with on your own. (That's especially true now, when you live in a different state.)

To get a judgment against you, a creditor must notify you that they are taking you to court (with a summons). If you do not appear in court, they can get a default judgment against you. It sounds like that may have happened in this case. If you were not properly notified of the lawsuit, the creditor/collector may have been breaking the law. (The New York Attorney General recently sued a number of debt collectors who did not properly serve consumers.)

Since the attorney's office is unwilling to provide you with proof that you still owe this debt, I would strongly urge you to talk with a consumer law attorney. If the collection attorney has broken the law in any way, the attorney may be willing to take your case on a contingent fee basis which means you do not pay then unless they win your case. It's worth asking.

I'd encourage you to talk with a consumer law attorney in New Jersey for advice. (Normally we refer consumers to attorneys in their state, but since there is a judgment against you in New Jersey I assume you need to talk with an attorney there. The attorney can advise you on this.) You can also call the Collection Complaint Hotline at 888-711-5143 where you will be connected with an attorney who handles debt collection lawsuits. There is no fee for this consultation.

Whomever you consult, let us know what they say about your situation, OK?


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