Debt Collectors: Agreement Made to Pay Bill to Keep Out of Court, Paid but Judgment Anyway

jeudi 23 octobre 2014

My question involves collection proceedings in the State of: Tennessee



My wife had a collection bill turned over to a lawyer to collect. She received a summons for 8/24 that noted to contact said lawyer prior to hearing to pay the bill to avoid court. Attempted contact for 14 days prior with no return phone calls, or messages left to lawyers coworkers.



Appeared at court house on 8/24 and met with lawyer, agreement was made to pay bill in two lump sums and have the receipt for payment on 8/24 for the first half to keep debt out of court. On 8/27 lawyer went to court on a date in which we were not notified or summoned, and got a judgement against us, we paid the second lump sum on date agreed and didn't realize there had been a judgement filed until 10 months later when we went to refinance the house.



Now we are both left with a joint judgement and wife's car just died, cant get a loan, cant refinance house, and have no clue what steps to take in order to remove this judgment that was added by a this lawyer after agreement was made to pay bill, that was paid in full on dates agreed upon. Do I need to counter sue? The case is over and judgement made so I cant file a motion to dismiss, and it looks like I will need to sue for violations of the fair credit act, but have no idea where to start and think I will need an attorney. It has cost us dearly on the savings we could have had when our home value went far and above the amount owed, which has now dropped below an amount to be reasonable to try and save money at this point.



Any idea what to do now? Any suggestions of who in East TN that would take this pro bono? Do I have a chance to have this judgement removed? I noticed in the credit report the date on the judgement was listed on 12/31/1969, yet the filing date was 8/24/2012 as I was not born in 1969. Again, any help or suggestions would be appreciated as I realize the first step will be going to the court house and getting all documents related to the judgement, but then what?



Thx,

R





Debt Collectors: Agreement Made to Pay Bill to Keep Out of Court, Paid but Judgment Anyway

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