My question involves judgment recovery in the State of: Georgia
I just found out that I have 2 judgments against me from 5 years ago. Thinking it was an error I went to the courthouse to get documentation only to find out that it was in fact a consent judgment that my divorce attorney signed. Well, the plaintiff attorney signed for the divorce attorney. I forgot all about the suit because I was going through a divorce at the time and just gave it to my attorney. He denied it all in the answers because they weren't my accounts, nor did they have anything to show it was in fact mine. (I have a very common name) Well, my ex had kept a brand new car and didn't pay on it so it was repossessed, and I owed around 18K on it. So my divorce attorney referred me to someone to file bankruptcy. I met her a few times, filled out stuff, and paid her and never heard anything again. I was never contacted by any creditors, nothing. Well it has been 5 years and after pulling a credit report I see the 2 judgments, NO bankruptcy, and nothing referencing any accounts. I would feel better about the judgments if I had any old bills or statements or something indicating these were in fact, mine... So when I went to see my divorce attorney to show him the signature on it (it is clearly not his signature but the other attorney didn't sign By (initials) He told me he thinks he remembers consenting because I couldn't pay to fight it and it didn't really matter because I was in the process of filing bankruptcy. I don't remember ever giving him consent to do this. I then told him about the bankruptcy not being on there so it looks like she never filed it. And he said that she had a meltdown and was no longer with the bar and that she had "dropped the ball" on a few cases.
OK, so obviously I am an idiot as I didn't understand everything that needed to be done to complete a bankruptcy. I know it is ridiculous to not pull your credit more frequently, but I didn't see the point as I had filed bankruptcy, or so I thought.
Now it gets even better. The same attorney was on both cases, in both instances he signed my attorneys name to the consent agreements. The 1st case 4400$ total, and the suit on the 2nd was for 2000$, and here is the kicker.. On the second case, the suit was for $2000, but the judgment was signed for $4400, the amount from the first case. Then, a month later, another judgment was signed, same case, different judge, different amount, no reference to ammending the first judgment whatsoever. So technically there are 2 cases, but 3 judgments. Then, a year later, a FIFA is submitted. Judgment Date of 8/2007, (cases filed and "consented" in 2006) and it was witnessed by the judge and filed by the clerk in March of 2007? AND it was for the same amount as the first suit, $4400. I checked with the court website and they have a printout for FIFAs, for the plaintiff to fill out and submit. It looks like the attorney submitted it for the incorrect amount judgment awarded. I'm leaving specifics out because what I have learned about this firm the last few days has me scared to even contact them about the errors in the cases, and they are probably patroling debt forums...
I am lost here on what to do. I called an attorney about it here in town and was told it doesn't matter about the discrepancies, it is 5 years old. The only way to fix it is to come in and pay $1200 and I will start bankruptcy for you.
I have searched and searched trying to find anything to guide me in the right direction on this, but it would appear there is no other instances of something like our situation anywhere online.
Can I just go to the judge? Also, can I go after the original creditor for fraud as I didn't have an account with them? Of course from what I have read online it was probably fake anyways as apparently this attorney names OC as plaintiffs when in fact the debt was sold. Can I go after them for fraud in misrepresenting themselves as atty for plaintiff? I can't believe that with all the issues there is nothing we can do but file bankruptcy...
BTW, after we "filed" bankruptcy, we were never contacted by anyone on any monies. And we have never had wages garnished, bank accounts levied, nada. Isn't that odd for someone to have a judgment and not try to collect?
Any thoughts on this nightmare of mine??