Legal Question in Consumer Law in Utah

Collection Agencies

Back in October, 2001, I bounced a check to a gas station. I received a letter from EPN, saying that I had 30 days to pay the check. The letter was dated November 6 and I received it on 12th. On the December 17, I mailed them a check from work because it was payday. that evening i was served with a summons dated December 10. I did not receive any other letter or phone calls. My check was cashed by the company a couple of days later. I called the courts for 30 days to see if anything had been filed against me. On february 8 a judgment was granted against me and I received the letter on march 6. I was not instructed to appear in court on that day. Do I have any legal recourse they are asking for $375.00.

Thanks


Asked on 3/07/02, 11:59 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Collection Agencies

Contact the lawyer or the company that filed the suit and give them a copy of your payment check. They should agree to set the judgment aside and dismiss the action, with prejudice. If they do not cooperate you will have to file a motion to set the judgment aside. Your payment is an accord and satisfaction for the dishonored check. They goofed up and should not have gone for the judgment. You should have shown up in court and told the judge that you paid the check already. The court date, place and time were listed on the summons. You want to get this set aside, since it will be a serious flaw on your credit. If you are garnished before you get to court, you have the right at that time to request a hearing, but don't wait.

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Answered on 3/07/02, 11:50 pm


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