• Report: #602381

Complaint Review: Brumbaugh & Quandahl

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  • Submitted: Wed, May 12, 2010
  • Updated: Wed, May 12, 2010

  • Reported By: CJ1956 — La Vista Nebraska United States of America
Brumbaugh & Quandahl
Omaha, Nebraska United States of America

Brumbaugh & Quandahl Filed and won a judgement against me even though debt was paid Omaha, Nebraska

*Author of original report: Paid in full

*General Comment: My advice

*Consumer Comment: Suggestions...

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Received a summons in Oct 2009 from this company.  Filed my response, then joined a Debt Management group to handle things for me.  This company took my payments for 6 months.  Then all of a sudden I receive a notice to appear in court.  I called an attorney and decided to contact Brumbaugh & Quandahl and see how much they would take to settle.  I paid the settlement 5 days before court date.  The day after court date I receive a judgment indicating they won because I didn't show up.  I immediately called them and told them to file paper work to dismiss.  That was over a month ago, so now I have this on my credit report and I am working so hard to make things right.  Is there anything that I can do?  I was told that they violated my FDCPA rights and I may be entitled to $1,000.00...is this correct?  How much will is cost me to get this money?

This report was posted on Ripoff Report on 05/12/2010 04:19 AM and is a permanent record located here: http://www.ripoffreport.com/r/Brumbaugh-Quandahl/Omaha-Nebraska-/Brumbaugh-Quandahl-Filed-and-won-a-judgement-against-me-even-though-debt-was-paid-Omaha-602381. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 2Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

Paid in full

AUTHOR: CJ1956 - (USA)

Thanks for the advice.  I am VERY HAPPY with my Debt Management Group, they REALLY stepped up to the plate and helped me tremendously.

I do have a receipt that says PAID IN FULL.  No I did not hire an attorney, I met with one who advised me what to do.  I was told by the attorney that if I did pay it in full that I did not have to go to court, so that is what I did.  The violation I am told is because they went ahead with the judgment was the violation...and it's on my credit report now.  I am not worried about any of that money stuff, just want my name cleared.  Thanks again!
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#2 General Comment

My advice

AUTHOR: debtexpert - (United States of America)

   First of all, I hope you learned your lesson on "debt management groups". I have helped people in debt for many years now and I always steer people clear of those companies. But I wont go into that now. 

   Next, what I would do is find proof you paid the firm you owed.  Did you pay with a check? CC? Get that proof.  You said you hired an attorney, have him get ahold of the company and see WHY the amount you settled for did not clear up the debt. Did you get a 0 balance letter, a receipt when you paid it?

Talk to your attorney and do it now, dont delay. Dont bother with the 1000 winfall someone said you are entitled to, you dont know what law(if any) they broke yet. See what happened first.  

 

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#3 Consumer Comment

Suggestions...

AUTHOR: Robert - (U.S.A.)

First it sounds like your Debt Management Group was probably trying to do a Debt Settlement.  That is where they have you stop paying your creditors and you pay them.  They then TRY to get the company to agree to a low-ball offer to pay off your debt.  The problem is that there is no law that requires a company to settle.  In fact as you probably found out, once a company finds out you are trying to do this they go right for the lawsuit.  So if you had other companies, do not be surprised if you have more suits comming your way. 

Now onto the current suit.  Nothing you wrote shows any violations of the FDCPA, but there may be other violations.  I bet they said something to the effect of "Don't worry you don't need to show up in court".  They do that knowing that if they show up they can get a default judgement against you, because you are not there to defend yourself.  In your case you said you settled with them 5 days before, so you had paid the debt.  Please say that you have that in WRITING.  If so you should have objected during the appeal period.  If you missed that period you may be able to file a motion to vacate the judgment, with the claim that they should have dismissed the case.  Because when they showed up in court if they claimed you still owed the money when in fact it was paid they may have comitted perjury.  You may want to contact a lawyer to see what case you may have.  Depending on the lawyer they may provide a free consultation or charge you a small fee.  If you are able to pursue the company and you prevail you can recover the legal and court fees that you had to pay as well.

There are a few things you need to learn from this.  You didn't get into debt overnight, and there is no quick fix to get out of it.  Before you send anyone any money get everything in writing.  If you do get sued reguardless of what any company tells you show up on the court date. 

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