Legal Question in Credit and Debt Law in California

Re: Credit card judgement

You're kind of up a creek. Was the agreement with the prior law firm regarding the two payments in writing? If not, its going to be hard for you to prove that it ever existed, and even if it did, it doesn't sound like you complied with it by sending the second payment in (the change in law firms probably doesn't excuse you from performing under the original settlement). Unless you can prove a binding agreement with the judgment creditor with which you have fully compied, or are legally excused from complying with because of some action on their part, then the current law firm can initiate all the unpleasant collection activities (within the law, of course) including garnishment, etc... at any time - they don't even have to give you until the end of the week. Sorry to be the bearer of bad news - you're not in a good negotiating position with the new law firm, but it shouldn't stop you from trying. You might try one more call to them to calmly and rationally explain that you need to set up some sort of payment plan with them to get this resolved - I know few creditors who won't accept that rather than initiating costly collection efforts. Show some good faith, however, by offering a decent chunk of the debt up-front, with payments to follow.

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