Demand for Payment in Full

[akb0925]

My question involves judgment recovery in the State of:Missouri

Hello,

What should I do???

A debt collector (Kramer & Frank, P.C) took me to court for an outstanding bill I had with Capital One in the amount of $814.00, I missed my court date so now the total is $934.27. Prior to the court hearing I had tried to make a deal with them but it was too late so I told them to go ahead with court and that I would just make payments. The court date was 9/09/08 and yesterday 9/18 I went online and maid a $160.00 payment. Today (9/19) I get a letter in the mail dated 9/17/08 stating the following:

BECAUSE YOU FAILED TO MAKE PAYMENTS AS AGREED, BALANCE IN FULL IS NOW DUE. You may be able to obtain enough money to pay the amount owed in full by borrowing from your bank, Credit Union, Loan Company or a relative. We will expect the debt to be paid in full, or we will recommend that our client allow us to proceed with further collection activities. CONTACT US UPON RECEIPT OF THIS NOTICE TO DISCUSS THE SETTLEMENT.

Now I was expecting some type of letter from them in the mail after the court hearing telling me how much was now due with court cost and attorney fee’s and I did not receive anything so I decided to make a payment online yesterday thinking I was doing good. I don’t want them to garnish my wages but I was expecting some type of letter stating the final amount that I owed. I cannot pay the full amount in full I can only make payments.

Am I to assume that since I cannot pay in full that I should expect garnishment to start even though I am making payments? (after my payment yesterday I now owe $774.27 and plan on sending another $200.00 in 2 weeks)

Help!

[M'sta Mikey]

If prior to the court date that it was too late to make payment arrangements, then it's highly doubtful they will do so now. They were awarded judgement and now they want their money, in full!

If allowed by law, they will most likely file the necessary writs to begin garnishing your wages, bank accounts, place property leins, etc.

It wont' hurt to call and see if they will talk to you. If they won't budge, there isn't much you can do about it, sorry to say.

[akb0925]

I'm sorry, I called them the day before court and it was to late to stop the court date by making payments. We talked payments and I told them I would begin to send them but I waited 1 week because I thought I was supposed to get something in the mail that would tell me the new balance with all the additional fee's. I guess during that time they did not receive the payment I said I would make so they sent me that letter. Which technically I did make a payment 1 day before I received the letter. I can pay an additional $250.00 on monday bringing my balance from $934.00 to $524.00. Do companies really go through the hassle of leagal work to garnish $524.00 even when I am making payments? $524.00 just seems so low.

[Jackie2]

becuase you were unable to go to court have you tried to get the judgment vacated? They will vacate the judgment if you have a reason that you couldn't make court. That will stop any siezuers and payments. Then, make another court date and make sure you go.

In person, talk to their attorney and get your agreement in writing and aproved by the judge.

You NEED to get the judgment vacated in order to do anything.

[Betty3]

cross reference (see) http://www.expertlaw.com/forums/showthread.php?t=58787

[Mr. Knowitall]

Have you been served with the default judgment yet? I can't tell if this notice is because you breached the agreement you had with the creditor going into the lawsuit, because you breached an agreement relating to payment of the judgment, or some other agreement.

If the judgment resolves the debt, you may be able to enter into a periodic garnishment order through the court.

[Betty3]

See http://www.expertlaw.com/forums/showthread.php?t=58788 - re does have judgment against him.

I put (made ref. to) OP's several threads under 58787 (incl. 58788) but that thread was deleted. (Aaron apparently deleted & combined)

[akb0925]

i'm not sure what you mean by have i been served with a default judgment yet? i missed my court date and went online and saw the default judgment online but as far as being served with default judgment papers if that is what you mean, no i have not received anything. Do they do that? I didn't think the sheriff's dept would serve me again with papers to show me the court ruling.

[Betty3]

You won't actually be "served" with the judgment (such as you would with a summons). You should get a copy of the judgment in the mail from the court or the "creditor" (plaintiff).

[akb0925]

The only thing I have gotten in the mail was this demand for full payment. Nothing else has arrived telling me about the default judgment. My court date was 9/09, shouldn't i have gotten a letter by now?