Legal Question in Credit and Debt Law in California

Collection Agency trying to collect more than judegement

A judgement was entered against me in Jan 07 for a little over $1800, on tuesday I recieved an order to have my wages garnished for $1900. That amount makes sense to me as far as the interest is concerned. My mother called the agency yesterday to pay the debt on my behalf and they are now wanting $2500. I called the them directly and got the same answer and they didn't know where I got $1900. I then called the attorney that represented them and filed the order and confirmed with thier office that the amount is only $1900 and they have no idea where $2500 came from and that I should pay the sheriffs office or them directly. I called the agency back with the information from the lawyer and suddenly there was no one there that could help me or give me a reason the amount is so much higher than the judgement.

My question here is if this is a violation of fair debt and how would I go about proving it in court since it was all verbal and they're already being shady?


Asked on 5/25/07, 10:00 am

2 Answers from Attorneys

Jonathan Stein Law Offices of Jonathan G. Stein

Re: Collection Agency trying to collect more than judegement

Yes, its probably a violation. However, you probably cant prove it. If they send it to you in writing, you would have a stronger case. Until then, you should pay the $1900, if you have it and resolve this matter.

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Answered on 5/25/07, 12:34 pm
Larry Rothman Larry Rothman & Associates

Re: Collection Agency trying to collect more than judegement

There may be a wrongful attachment or garnishment. We will have to review your paperwork and case summary in the internet. Sometimes, if attorney fees are allowed, this factor may result in a judgment being increased. Please call us if you have any other questions.

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Answered on 5/28/07, 12:08 pm


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