Legal Question in Credit and Debt Law in Arizona

Adjustment to Judgement Amount by collector

I would like to no if it is leagal for a collections agency to adjust the amount of a judgement set by a court. The amount was 1700 dollars and change. The collection agency wants 5600 dollars in order to tell the court that the account has been resolved. They collector explained to me that the excess amountis due to interest and other charges that the creditor told them was due. I am trying to clear this debt but feel that the collector is in the wrong by stating that I will have to forfit the whole amount for them to clear the judgement itself. Who is correct in this situation?


Asked on 10/07/04, 2:38 pm

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: Adjustment to Judgement Amount by collector

Where is the Court judgment? As a Virginia attorney I can only advise you about Virginia law. Why is Arizona involved? Are they simply a firm based out of Arizona? Or was the debt incurred in Arizona.

Although I cannot comment on Arizona law, I cannot imagine how in ANY state it is permissible for them to ask for more than the amount of the judgment. In fact, in Virginia, once the amount specified in the judgment has been paid, a creditor MUST file a notice of satisfaction. You can sue them for failing to do so, although the penalty is relatively minor (something like $50). But a product of the suit will be to mark the judgment as paid.

HOWEVER, I want to caution you to be careful to look at whether interest has accumulated. If the judgment says that interest is running on the original $1500 total, then you must pay the interest that has accumulated. So it is possible that the total of $5600 is correct if interest is running on the original principal.

But that would have to be explicitly stated in the judgment. It can't be the opinion of the debt collector. It has to be the order of the judge, in clear terms. So make sure you know exactly what the judgment actually says.

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Answered on 10/07/04, 3:07 pm


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