Legal Question in Credit and Debt Law in Massachusetts

CC company trying to collect more after judgement has been paid

I live in Mass and owed Discover money. It was turned over to an attorney who sued me. In March of this year I had a judgement against me and my wages were garnished. The judgement stated that it was for the ''dollar amount together with interest and costs''. I just made my final payment last week and today I received a letter from the suing attorney that I owe the credit card company additional money but they would settle for a portion of the debt. I thought the judgment stated that the amount I paid was all I owed. I did not have more than one account with this company. Are they just sniffing around to see if they can get more or are they entitled to it? I need to know my rights before I contact them next week. Thanks in advance for your help.


Asked on 10/19/07, 4:32 pm

1 Answer from Attorneys
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: CC company trying to collect more after judgement has been paid

Upon final payment and satisfaction of the Discover judgment, you should request and obtain a "satisfaction of judgment" document from the judgment creditor ( in this case, "Discover"). This would prevent the same creditor from seeking more monies than are lawfully owed upon the judgment. Insofar as a creditor's attorney attempting to seek more monies than are actually owed upon a debt, this practice is prohibited by the Fair Debt Collection Practices Act and the attorney could be liable for actual damages, statutory damages up to $1000 and attorney fees. Please feel free to contact my office for a free initial consult based upon the facts of your specific situation.

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Answered on 10/20/07, 9:39 am


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