Want to sue to Stop Judgement

I have been paying a judgement since 2003 through the court (wage garnishment)in California. My start balance was $13,000 and now balance is $3,000 (that's what the courts say). I called original creditor and tried to negotiate payoff. I talked to a VERY RUDE rep that had my acct, refused to give me any information nor transfer to a supervisor. Told me to get all my paystubs from 2003 and calculate how much I have paid so far, and that makes me feel like I am being taken advantage of.


Their balance is higher that the courts and I want file - and need advice on what I should say on my papers and what is the probability on them showing up since they have gotten the bulk of the money.

the APR is 10% and $1.31/day


Thanks

Your time to appeal a judgment is long passed. If you can manage to get in touch with the right people and negotiate a settlement, then the company that you owe can notify the court of the settlement.
Otherwise, pay off what the court has ordered and be done with it. If they want anything more on top of what the court ordered then they will have to take you back to court for a new judgment.

mightymoose said:

Your time to appeal a judgment is long passed. If you can manage to get in touch with the right people and negotiate a settlement, then the company that you owe can notify the court of the settlement.
Otherwise, pay off what the court has ordered and be done with it. If they want anything more on top of what the court ordered then they will have to take you back to court for a new judgment.

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Okay thank you.
But if I find out that they charged me more than they should can I contest that or it's just totally late to do anything.

This shoud all be handled by the court, so this compnay should not be able to charge more or less than the judgment. If you have been over garnished then you need to contact the court. If the company asks you to pay any more than the judgment tell them to go pound sand.

tpajet said:

This shoud all be handled by the court, so this compnay should not be able to charge more or less than the judgment. If you have been over garnished then you need to contact the court. If the company asks you to pay any more than the judgment tell them to go pound sand.

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Thank you. I will tell them exactly what you said...'pound sand' lol
I will go ahead and pay the balance.

I know I am a few wks late with my post but really hope webconsumer is still around. Although you cannot stop a wage garnishment you have every right to visit your Prothonotary's office, give them the docket number and ask for an itemized statement of what has been paid over the years. I would not "just keep paying" because the debt collector knows that by not providing you the information you request will only further line their pockets (and quite honestly...if it truly has been that many years...guaranteed they do not have what you seek). The DC and the courts should have relatively the same balance, sometimes the courts will be higher due to court fees, but not much. At the very least, contact your local court house and explain what has been told to you by the dc and although they cannot offer advice or legal answers, they would best answer if there is anything you can file to temporarily stop the garnishment until you know what is still owed. I am sooo not a fan of JUNK DEBT COLLECTORS!!!

I understand that this may prove to be daunting proving what was paid...however I would begin with your HR group to see what documents they may have to assist you.

Good luck with this!!!