Legal Question in Credit and Debt Law in Florida
Please let me know if you can assist me with the following:
I was sued by Pollack & Rosen ("P&R") on behalf of Midland Funding. P&R and I entered into an verbal settlement agreement in May 2010, in the amount of $1,875.00, payable in three equal monthly payments of $625. I made my first payment to P&R on May 31st. On my June 15th pay period, my wages were garnished by P&R, even though they entered into a settlement agreement with me and promised that no further action would be taken against me. After several telephone conversations with P&R, they filed a Voluntary Dismissal as to the garnishment only. I was able to finally get the money back from my employer, which I used to pay my mortgage and my daughter's tuition (these bills were late due to the garnishment and my payment of $625 to P&R.
The checking account I used to have P&R draft the first payment had to be closed due to unauthorized charges to that account. I have contacted P&R to restart our settlement agreement. I was informed by them that since I stopped my second payment to them and because they filed the Voluntary Dismissal, that the amount I now owe is $1,741.31. If you add this amount to the $625 I already paid them, the amount I will owe is $2,366.31. This is much higher than the amount we agreed on, and it is also higher than the amount listed on the writ of garnishment. The amount on the writ is $2,005.53.
They are not being flexible with the amount owed nor with the time I need to pay off this account. I was told that if I do not make a payment today, that they will re-file the writ of garnishment. If I agree to a three month payment plan, it has to be for the amount of $1,741.31.
Please advise if this is legal and it I have a valid argument.
1 Answer from Attorneys
I assume you have a judgement against you and the attorneys are collecting on the judgement. An oral agreement is just as good as a written agreement, but much harder to prove. You should file a motion to enforce the oral agreement with the court and move for sanctions against the lawyers and Midland for violating the agreement. Set the motion for a hearing. Once you do this, you will probably get respect from them and work a deal. Do it in writing. You may consider hiring a consumer lawyer to help you with this. Want to know the law without going to law school? Protect yourself against ripoffs? Sign up for a free legal newsletter on various areas of consumer law by going to www.ConsumerLawyerHelp.com., and for your personal injury needs see www.Fl-PI-lawyer.com