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Portfolio Recovery revived a dormant judgment, please help.


kmg111
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Hi everyone,

 

I found out through my payroll department that a wage garnishment was received from Portfolio Recovery and I don’t recall where it’s from. I’m so distraught cause all I can see it’s from a judgement from 2010, I can’t trace debt since I have no judgements or collections on my CR. The debt is so old that they have my address from 15 years ago on the form, and I don’t recall being served. In this climate money is tight and they’re taking $400 a month from my pay.

 

Sorry if this sounds a bit jumbled up, I’m so shocked and angry since I’ve worked so hard to clean up my credit years ago (FICO currently 764). 
 

How was PRA able to do this? I live in NJ and I wast served, nor was this even listed on my report (I’ve paid and settled everything years ago). I contacted the courthouse and they said that I had to submit a records request since they didn’t have additional detail from PRA.

 

What else should I be going? I was told to also file a motion and answer. 

 

 

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Judgments are public record.  If one was issued against you in 2010, the record should be at the court in the county where you living at that time.  Were you living in the same county at that time?

 

From njcourts.gov

 

”Judgments in New Jersey remain in effect for 20 years and may be renewed for an additional 20 years…”

 

 

Edited by Bluesie58
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Get a copy of the "wage garnishment" from your payroll department.  Check to see if it refers to any judgment OF RECORD ie book & page and name of the Court.

If you have that information you can check the records on line.

 

Get a lawyer to file an appropriate motion and answer and countersue for damages if Portfolio does not have a recorded assignment of the judgment from the original creditor.

Edited by Why Chat
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6 hours ago, Why Chat said:

Get a copy of the "wage garnishment" from your payroll department.  Check to see if it refers to any judgment OF RECORD ie book & page and name of the Court.

If you have that information you can check the records on line.

 

Get a lawyer to file an appropriate motion and answer and countersue for damages if Portfolio does not have a recorded assignment of the judgment from the original creditor.


Thanks for info whychat, is this something that I can work on myself as opposed to paying a lawyer? I looked into links provided here on how to get the judgment vacated since I don’t recall being served with a summons. 

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Yes you can do it yourself IF you wish, however since they are already garnishing your wages you were obviously not notified by your payroll department when they received the initial notification of garnishment. If you had received the required notice you would have had time to stop the actual exercise of the order. As it is I am not confident that you can handle this yourself as your employer may have not followed proper procedures and notification requirements. If you are able to see exactly what was filed and what notifications were sent to your old address you may be in a better position to decide what to do. There are free legal services that may be available and IF there are violations that can be documented a lawyer would be able to take the case on a contingency basis.

https://www.consumeradvocates.org/findanattorney/

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