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    Removing a judgment in Florida?

    Jurisdiction / State: Florida

    I recently was informed that my wages were about to be garnished at work. I had no idea why because I never received any paperwork prior.
    I went to court to fight the garnishment and found out it was from a credit card my ex-wife had many years ago (At least 10 years).
    I donít think I was a co-signer on the card and calling the bank gets me no info (Citibank) because they say they sold the account.
    I found out it was then sold a second time to yet another credit debit collector and that is the one that has the judgment now.

    I believe they must have served someone at an old address but that never made it to me.



    I was able to stop the garnishment because I currently pay child support and pay more to support the kids than my ex-wife does.
    So now I have it on my credit report and I want it off. I asked them to fax me the paperwork showing I am on the account and they have yet to do so.
    Either way according to the court I donít have to pay until I no longer have to pay for my kids support (another 15 years!).

    They offered a settlement of 6k off of the original 12k but I donít think I owe them a penny.
    I would consider paying $500 just to make them get rid of all this since Iím sure a lawyer will cost me more but I donít think they will take that little.
    Any ideas on what rights I have in this case.
    Any help I could get would be greatly appreciated.
    I looked up the law office online and they are a bunch of scumbags that have plenty of cases against them for bullying people for money.

  2. Super Moderator Samaritan & Scholar
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    Do not pay them a dime.
    If you settle, they will come after you for the rest.
    Go to the court where the alleged judgment was rendered.
    You might be surprised to discover that no judgment was ever rendered.
    Whatever you do, stop communicating with them.
    And, above all, do not agree to any settlement.
    This will take some time to unravel, but you might be greatly surprised as begin to do your due diligence and detective work.

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    I did go to court and i managed to get the garnishment stopped. Its there for sure becuase I have the case number.
    But it wasnt till after the fact that i realized that this was from a very long time ago and i dont think I was on the card other than being authorized to use it. i just talked to the lawyer and they refuse to give me any details and simply said we already have the judgment and I have to pay them. They know that i dont have to pay becuase of the courts decision reagrding my child support.
    So they are basicaly playing a waiting game to see if i give them money to get this off my credit.

    i want to know if i can do anything after the judgment is entered?

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    Quote Originally Posted by jester787 View Post
    I did go to court and i managed to get the garnishment stopped. Its there for sure becuase I have the case number.
    But it wasnt till after the fact that i realized that this was from a very long time ago and i dont think I was on the card other than being authorized to use it. i just talked to the lawyer and they refuse to give me any details and simply said we already have the judgment and I have to pay them. They know that i dont have to pay becuase of the courts decision reagrding my child support.
    So they are basicaly playing a waiting game to see if i give them money to get this off my credit.

    i want to know if i can do anything after the judgment is entered?
    If this is a FIVE figure judgment, I suggest you spend your money hiring a good lawyer.

    This judgment might not be valid.

    You need to see more than the mere case filing.

    You need to get the entire file, including the pleadings and the original service.

    Again, I can't warn you enough about continuing any dialogue with these thugs and crooks.

    Get the entire case file.

    Review all legal documents.

    Florida is a very debtor friendly state, second only to Texas.

    This judgment may be a piece of crap.

    Credit card debt in Florida is barred from collections after 5 years.

    I think that has long ago expired.

    You need to see the entire case file and pleadings.

    The dates are important.

    http://www.creditcards.com/credit-ca...tions-1282.php

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    I will contact the court and see what i can get them to send me, thanks for your advice i apreacite it.
    I will post updates with what i find out.

    Edit: I found it was sold by Citibank to one collector may 26,2006 and then resold to another collector july 28th of the same year.
    Last edited by jester787; 03-28-2011 at 05:10 PM.

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    One last thing, my friend.
    IF you were ONLY an authorized user on the account, you are NOT responsible for this debt.
    Your wife is the account holder.
    She is the one they should have sued, not you.
    If your investigation proves futile, one of your defenses could be that you were not the owner of the account.
    If you weren't the credit holder, you can't be sued.

    Save that for later.

    What you want right now is the entire case file.
    If you've been sued, you're entitled to it.
    It might cost you by the page, but pay it and get it.
    You want to know the dates.
    If it was more than five years had elapsed before the initial filing, you can get the suit kicked.
    If they sued you and not her, you can get the suit kicked.
    That is why you need everything.
    That si also why you need a lawyer.
    These crooks that sued you, will resist.
    they'll play stupid and delay.
    meantime, they RUIN your credit!

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