Judgement filed on a debt

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kybywotab

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Hey folks. Here's my issue (And this is from upstate NY)

About 2 weeks ago, I got a letter in the mail from an attorney in Rochester stating that back in 07 a judgement had been filed against me for a debt. I had absolutely no knowledge of the judgement, and have been working out my finances over the last couple years. (I had a bad relationship, hospitalization yadda yadda) So safe to say, I wasn't aware. And nobody had ever contacted me about any kind of a judgement. This was in a town I lived in 2-3 years ago, I have since had health problems and had to move a few towns over.

Now. The second I get the letter in, I contact the attorney and leave a message on his voicemail (it had stated that if I didn't contact within 9 days, further legal action may be taken) It took him a week and a half to get back to me, after 4 attempts on my end, and he called at 4:55 pm, which gave me no time to get back to him before the office closed. I have since called back 4 MORE times with no response.

The 9 days is now up.

So my question is this, what could happen from here? I have tried to get in touch with the lawyer, and I'll keep trying. And what could "further legal action" be at this point. Keep in mind, I'm on social security, I have limited funds but I am totally willing to work out an affordable payment plan. I can NOT go to court if they do it in Rochester, I have no means of transportation and it's far. Not to mention, if I didn't hear about the judgement, would I even hear about anything more? And could I mail my statement in?

Sorry if this is all jumbled LOL. I'm just confused about it all, I've been working hard at getting my stuff cleared up and I don't know what to do or what could potentially happen here. Thanks for all help.
 
Just because you got a letter that says it is from an attorney does not mean it is an attorney. What you likely have is a representative of a collection agency.
You answer is to do nothing. If they do manage to get in touch with you find out what court entered a judgment against you. If they won't name the court, they likely don't have a judgment at all.
Check your credit report for any indication of this judgment. If it is a few years old then it should show up.
Don't be duped by their tricks. Make them prove they obtained the order, then verify any info they give you. Even with a judgment, you have nothing to worry about unless they try to garnish wages or something of the sort... keep cool and just deal with the problems as they arise. Do not pay them a penny unless they prove to you that they own the debt and there is in fact a judgment. Otherwise, ignore them and they will find some other sucker to call.
 
Thank you so much MightyMoose, I will do that!

One quick question on the garnishment front, IF that does happen. I DO know that SSI/SSD benefits are exempt from garnishment, but I also found in research that if its directly deposited, that income can still be frozen and it's a pain to get it unfrozen. I have my benefits directly deposited into an internet only prepaid visa account. As a safety measure, do you know if there's anything I can do to protect those assets preemptively from getting frozen? Or should I just switch to a check in the mail?
 
Thank you so much MightyMoose, I will do that!

One quick question on the garnishment front, IF that does happen. I DO know that SSI/SSD benefits are exempt from garnishment, but I also found in research that if its directly deposited, that income can still be frozen and it's a pain to get it unfrozen. I have my benefits directly deposited into an internet only prepaid visa account. As a safety measure, do you know if there's anything I can do to protect those assets preemptively from getting frozen? Or should I just switch to a check in the mail?


Moose's advice is spot on, ignore them.
If someone has a judgment, they rarely tip their hand.
They just attach and levy against your stuff.
Yes, pensions, disability payments, and more particularly government transfer payments (Social Security, SSI, welfare, etc) are UNTOUCHABLE.
Just make sure you don't co-mingle OTHER funds in the account where your benefits are deposited.
But, you know the drill, mistakes can and do happen.
There is no way to preemptively stop what some crook does.
But, as long as funds have not been co-mingled, you'll get it unstuck quickly.
Most of these letters are "cons", trying to scare you into paying debts you don't owe.
You ONLY owe a debt if a court says you owe that debt.
Put morality and other pressures aside, ONLY a judge can force you to pay and have a sheriff seize your stuff.

Social Security will be phasing out "checks in the mail" in the very near future.
That solution won't work for long, and you might not get them to give you a paper check.
They will be transitioning all paper checks to a government issued "debit MasterCard".

http://sheriabrams.com/blog/social-security-disability-information/paper-social-security-checks/

http://www.savvysenior.org/recentcolumn.htm

http://www.2spencers.com/social-security-blog/2010/09/09/paper-checks-disability-recipients/
 
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If Army's advice wasn't clear... set up a separate account for SSI only. Don't deposit anything else into it.
If you put everything into the same account then you will run into the sort of freeze problems you referenced.
 
In my experience levying bank accounts...the bank is served an interrogatory and they must advise if they know, understand or recognize that the direct deposits are from pensions, retirement, SS and so on. The court will not levy this account IF SS is the sole deposit. I wouldn't run and open a second checking account so quickly...if the bank is protecting it's customer...the courts cannot touch this account...
 
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