Old Judgement - HELP !
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Posted by Marc
(66.232.37.3) on October 10, 2003 at 09:53:51:
I had a judgement filed against me back in Oct '96 for $4,000. The attorney had threatened to take my car, so I started making payments of $100 a month for over 2 years, totalling $2,700. This was on a stipulation to stay execution. In April '99 my car transmission & engine blew so I decided to junk it. I quit paying the $100 a month. Two days ago the sheriff served papers on me. An order to send copies of my current registration and a 2nd lienholder's agreement, for my current car (which is financed, not legally mine) within 10 days. I guess I have no choice to do this, since it does say on the order that failure to comply could result in jailtime. I call the attorney's secretary to get a balance to try and settle this. She's telling me I owe $6,800. Apparently when I broke the stipulation, all the money was lost. Also the interest piles up since day 1, as if I never made any payment at all. Does anyone know if this is legal? For sure it's immoral, to not give somebody credit for $2,700 in payments, but she is adamant about the fact that I broke the stipulation so now it's as if I never payed a dime and I have to start all over again. I am in Florida, this is a Florida case (10% max interest on Judgements, 20 year enforceability) Somebody PLEASE let me know if anything similar has happened to you or someone you know. I really need to know right now if what they're doing is legal. I need to know whether it would be a waste of time/money for me to try and fight this. Thanks in advance for any advice/help
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