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Am I being scammed?

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Latest post Tue, Dec 20 2016 9:05 PM by ak2or. 10 replies.
  • Mon, Dec 19 2016 7:35 PM

    • ak2or
      Consumer
    • Not Ranked
    • Joined on Mon, Dec 19 2016
    • OR
    • Posts 4

    Am I being scammed?

    I got a letter today from an attorney in Oregon.. It is for NOTICE of Filing foreign judgement, affidavit in support & general judgement.. it has no dates filled in for sworn in stuff.. But it does have an Arizona Superior Court Case number

    I was unaware of that one but I guess I had one against me in Arizona... Now this is where it gets confusing.. There is a civil court case against me in 2002-2003..

    Then a judgement against me in 2006 from the same plaintiff..

    Then in 2014 it looks like there is a renewal.. That was 8 years.. past the 5 year deadline..

    Now in 2016 and in Oregon I get this.. It has signs of 2 different Oregon counties and my DOB looks to be wrong.. But it doesnt seem to be asking for money... only a notice..

    I am confused on what to do.. The debt was supposedly from 14 years ago that I didn't know about.. went past the statute of limitations in Arizona but was still renewed maybe and now they are after me in another state but doesnt give me any way to respond besides a supposed attorneys name on the paper.. No court date or anything... If I needed an attorney then what state would I even look in..

    Please help

  • Mon, Dec 19 2016 7:48 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Am I being scammed?

    You are likely right..if an AZ judgement is not timely renewed it is dead at end of 5 years ..so. I gather at lay level. ...check your facts and dates....

    AT least two possibilities ..

    1. Trying to trick you into reaffirmation of state debt .

     

    2. BUlk buyer of old judgements doesnt check all the details or may buy a pot blind .

     

     

     



  • Mon, Dec 19 2016 8:20 PM In reply to

    • ak2or
      Consumer
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    • Joined on Mon, Dec 19 2016
    • OR
    • Posts 4

    Re: Am I being scammed?

    The odd thing is that when I looked them up there were 2 cases against me.. both from the same plaintiff and 8 years apart and there looks to be a renewal.. I don't understand if that is the case or not and how they could renew after 8 years.. or restart one after 12 years after the debt.. Does this make sense??

     

    Judgments


    Date (F)or / (A)gainst Amount Frequency Type Status 11/14/2006  F:#######  $68.34  One Time  Costs      A: ******          11/14/2006  F:#######  $1,951.63  One Time  Interest      A: ******          11/14/2006  F:#######  $4,551.72  One Time  Principal      A: ****** 

    Judgments
    Date (F)or / (A)gainst Amount Frequency Type Status 12/8/2014  F:#######  $9,508.15  One Time  Affidavit of Renewal of Judgment  Modified    A: ******          12/8/2014  F:#######  $68.34  One Time  Costs  Modified    A: ******           12/8/2014  F:#######  $1,951.63  One Time  Interest  Modified    A: ******           12/8/2014  F:#######  $4,551.72  One Time  Principal  Modified    A: ******  

     

  • Mon, Dec 19 2016 8:23 PM In reply to

    • ak2or
      Consumer
    • Not Ranked
    • Joined on Mon, Dec 19 2016
    • OR
    • Posts 4

    Re: Am I being scammed?

    sorry I am not sure why it showed up like that or how to fix it.. I tried to paste from Word but that is how it turned out.. But it basically shows the dates and amounts and that the renewal was for a much higher amount... and almost as if they were trying to get the renewal money amount and the initial amount also??

     

  • Tue, Dec 20 2016 8:41 AM In reply to

    Re: Am I being scammed?

    ak2or:
    and now they are after me in another state but doesnt give me any way to respond besides a supposed attorneys name on the paper.. No court date or anything.

    This means they have already filed to domesticate the Arizona judgment in Oregon (presumably in one of two counties mentioned - they may also be filing a lien against any real estate you own in the other county) and have sent you the notice required in ORS 24.125.  Unfortunately for you, they only have to wait 5 days from when they file before they can get court orders to garnish your wages or attach your assets.  They are only required to mail you the notice "promptly" after filing, so it may well be too late to prevent the first garnishment or attachment from going through.

    Here's a link to ORS Chapter 24, for your reading (non-)pleasure.

    ak2or:
    If I needed an attorney then what state would I even look in.

    I'm not a lawyer and certainly no expert, but if it were me I guess I'd start with an Oregon attorney familiar with Oregon law surrounding both the domestication of foreign judgments and the enforcement of judgments in general (wage garnishment and asset attachment).

    ak2or:

    There is a civil court case against me in 2002-2003..

    Then a judgement against me in 2006 from the same plaintiff..

    Then in 2014 it looks like there is a renewal.. That was 8 years.. past the 5 year deadline.

    The only thing I can think of is that, if the original court case took 3-4 years to generate an actual judgment despite the fact that you never showed up to challenge it, maybe the renewal was similarly slow to be entered - ?  According to this lawyer's explanation, the 5-year deadline runs from the date the court clerk filed the original judgment to the date the plaintiff filed for (rather than actually received) the renewal.

    Or there's a slim possibility that the attorney's letter skipped mentioning that there was an earlier renewal in, say, 2010.

    ak2or:
    But it does have an Arizona Superior Court Case number

    If I were you I'd waste no time contacting the Arizona court where the judgment was entered to request a full copy of the case file.

     

     

  • Tue, Dec 20 2016 8:57 AM In reply to

    Re: Am I being scammed?

    ak2or:
    I got a letter today from an attorney in Oregon.. It is for NOTICE of Filing foreign judgement, affidavit in support & general judgement.

    Is it just a letter?  Or did it also include a Notice of Filing Foreign Judgment form (something like this, although that is for a particular county).

     

    ak2or:
    it has no dates filled in for sworn in stuff.

    Huh?

     

    ak2or:
    It has signs of 2 different Oregon counties

    Huh?

     

    ak2or:
    I am confused on what to do.

    It sounds like the judgment creditor is seeking to domesticate the Arizona judgment in Oregon so that the creditor may enforce the judgment against you in Oregon.  You probably should oppose the domestication of the judgment in Oregon based on the untimely renewal in Arizona.  You'll want an Oregon attorney for that.

  • Tue, Dec 20 2016 9:00 AM In reply to

    Re: Am I being scammed?

    ak2or:

    Does this make sense??

     

    Judgments


    Date (F)or / (A)gainst Amount Frequency Type Status 11/14/2006  F:#######  $68.34  One Time  Costs      A: ******          11/14/2006  F:#######  $1,951.63  One Time  Interest      A: ******          11/14/2006  F:#######  $4,551.72  One Time  Principal      A: ****** 

    Judgments
    Date (F)or / (A)gainst Amount Frequency Type Status 12/8/2014  F:#######  $9,508.15  One Time  Affidavit of Renewal of Judgment  Modified    A: ******          12/8/2014  F:#######  $68.34  One Time  Costs  Modified    A: ******           12/8/2014  F:#######  $1,951.63  One Time  Interest  Modified    A: ******           12/8/2014  F:#######  $4,551.72  One Time  Principal  Modified    A: ****** 

     

    No, it doesn't make sense.  it's nothing but a bunch of gobbledygook, and I can't tell what you're cutting and pasting from.

  • Tue, Dec 20 2016 9:35 AM In reply to

    Re: Am I being scammed?

    Maybe you already know this, maybe you don't, but even if the judgment is proper and was properly renewed and you owe the money, your creditor can't legally take all your assets and earnings.  ORS Chaper 18 is where you'll find a description of Oregon debtor assets "exempt" from execution (debt collection efforts).  You do have to ask to have the assets protected, you can't just sit back and assume it will happen by itself.

    This list courtesy of NOLO is a bit easier to read.  Be aware that even though it's titled "bankruptcy exemptions" you don't have to file bankruptcy to protect these assets using Oregon law.  If you want to take advantage of the property exemptions allowed under Federal law, though, you do have to file bankruptcy.

  • Tue, Dec 20 2016 1:04 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Am I being scammed?

    The rules,for domestication of a foreign judgement are on line for OR....they must be followed to a T or that might give you a OR window to force a do over ...

    1. NOT something I would suggest as a lay project.....( I've done a few and always used counsel out of state )
    2. SUggest lay out the whatever you got v a copy of your law and,highlight gaps ....and use that as one guide with consul of your choice 



  • Tue, Dec 20 2016 1:07 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,431

    Re: Am I being scammed?

    I saw one around me where a major firm made a notice error and by the time it was to be corrected the sol expired ...but NO CLUE what in your pack. 



  • Tue, Dec 20 2016 9:05 PM In reply to

    • ak2or
      Consumer
    • Not Ranked
    • Joined on Mon, Dec 19 2016
    • OR
    • Posts 4

    Re: Am I being scammed?

    ca19lawyer2:

    ak2or:
    I got a letter today from an attorney in Oregon.. It is for NOTICE of Filing foreign judgement, affidavit in support & general judgement.

    Is it just a letter?  Or did it also include a Notice of Filing Foreign Judgment form (something like this, although that is for a particular county).

    Yes it looks just like that but the dates are all blank on it..  and the notary and judge signature spots have stamped "copy for your records"

    ca19lawyer2:

     

    ak2or:
    it has no dates filled in for sworn in stuff.

    Huh?

    see above

    ca19lawyer2:

     

    ak2or:
    It has signs of 2 different Oregon counties

    Huh?

    The top of the pages all say for the county of deschutes.. but in the lines next to the attorney it says "state of Oregon County of Multnomah

    ca19lawyer2:

    ak2or:
    I am confused on what to do.

    It sounds like the judgment creditor is seeking to domesticate the Arizona judgment in Oregon so that the creditor may enforce the judgment against you in Oregon.  You probably should oppose the domestication of the judgment in Oregon based on the untimely renewal in Arizona.  You'll want an Oregon attorney for that.

    Judgments


    Date -- (F)or / (A)gainst -- Amount -- Frequency -- Type Status

    11/14/2006 -- F:####### -- $68.34      -- One Time Costs -- A: ******
    11/14/2006 -- F:####### -- $1,951.63  -- One Time Interest -- A: ******
    11/14/2006 -- F:####### -- $4,551.72  --One Time Principal -- A: ******

    Judgments
    Date -- (F)or / (A)gainst -- Amount -- Frequency -- Type -- Status

    12/8/2014 -- F:##### -- $9,508.15 -- One Time Affidavit of Renewal of Judgment Modified -- A: *
    12/8/2014 -- F:##### -- $68.34      -- One Time Costs Modified                                      -- A: *
    12/8/2014 -- F:##### -- $1,951.63 -- One Time Interest Modified                                    -- A: *
    12/8/2014 -- F:##### -- $4,551.72 -- One Time Principal Modified                                  -- A: *

    I tried to make this clearer.. the F:###### is the plaintiff and the A:****** is me, the defendant..

    This should be easier to understand.. it shows the dates and the judgements... and this is straight from the arizona superior court website.. ..

     

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