Renewing Judgment Debt is Painfully Simple for Patenaude and Felix
I have 3 default judgment that are unpaid.
Date filed is 10/05
Default Judgement filed on 12/8/05
1. Citibank (Law Firm is Patenaude and Felix)
I don't recall being served the summons so I went down to the court house to pull the proof of service and it said that I was personally served. The street was spelled wrong. They left out an a in Palatine. They spelled it Paltine.
Judgment cost $10540 , total now is $21,071 for interest
Since this judgment is almost 10 yrs old, do you know if this firm is good at renewing it? Im praying that they somehow forget!! This card was stolen 2 times and I kept getting a different account # and I don't think the balance owe is correct. I want to settle these debts for around $3200 do you think that's possible with this law firm? also if they wont than Im willing to take them back to court to request the judge to vacate the renewal because I don't believe the amount is correct. They took so long getting my card adjusted and don't think all the fraudulent charges were removed. What are your thought? I have a car that own free and clear and can transfer title to someone else and I just lost my job. so do you think they would settle for $3200
Do debt collection attorneys forget to renew judgments?
—K
My assumption is that the judgment you are concerned about getting renewed is in California because that is where I mostly ran into Patenaude and Felix collection files 10 years ago. They do also collect debts in Washington, Oregon, Arizona, Nevada, New Mexico and Pennsylvania.
What state are you in?
The time for judgment or lien renewals varies from state to state. In California, the renewal time frame is 10 years. The process to renew is simple and quick. Patenaude and Felix is not going to forget to renew the judgment.
Patenaude and Felix Collecting Your Debt
There are opportunities to go back to the court and fight Patenaude and Felix in order to vacate the judgment for a deficiency. Most attorneys would tell you that a judgment from 10 years ago is likely not going to be worth the effort to challenge. I often disagree, and know attorneys in California who have had success vacating judgments many years old. But not 10 years, and not based on misspellings of the street name.
You would generally not be able to reopen this case to argue with Patenaude and Felix about how the amount you owed – when they first started collecting – could not have been accurate. The time to have done that would have been before a judgment was entered in court. Not that saying this is much help to you, as it appears you may not have even known about it, so were never afforded the opportunity to question the veracity of their claim.
I do not think it is all that realistic to negotiate a settlement with Patenaude and Felix for 3200 dollars. Not with the ballooned balance it is at today. What is your ability to raise additional money? How long would pulling together additional funds take?
Why is it that Patenaude and Felix has been unable to collect from you so far? All of the states they operate in allow wage garnishment except for PA. Have they ever tried to levy a bank account of yours? Do you have a property they have placed a lien on?
The more you look like someone who cannot pay, or that they will have continued difficulty collecting from, the better the settlement outcomes can be.
Post answers to those questions in the comments below and let’s go from there.
Anyone dealing with Patenaude and Felix and collection accounts is welcome to post in the comments below for feedback.
About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry. He is available to speak with you about your financial struggle and helps people resolve their debt problems daily.
They sent me a letter that they were awarded a judgement against my bank account in May, but the funds have never been taken and my account was never been frozen. Also there is scribble on the letter with a signature from a teller that was dated 8/8 and it is now 8/13. Does this mean they already tried to freeze account???
How much money was in the account? What state are you in? You may not have enough in the account for them to take based on state law bank levy protections.
If I buy a house for cash in a state where patenaude and felix does not operate is there anyway they can attach a lien to my house for an unpaid default judgement debt (capitol one)… Judgement was in 2012… This is based on the assumption they will renew the judgement (calif) in 2022.
Or what about a us territory (us virgin islands)?
It is possible, but perhaps not all that probable depending on the circumstances.
Judgment debts are rarely not renewed.
Have you looked into making purchases in the name of a business entity?
Hi Michael,
Patenaude and Felix placed a levy on my bank acct for $1212.47 which left me with a little less than $200 in my checking acct. The acct is still open which i can use but i dont know when they will actually take the funds. They won a default judgement against me in 09/10/08, and finally, they somehow located where i bank at and ordered a writ of execution for the amount stated above. I never fought the case and i regret it. The records show they served someone at my prev address and their description of the person is inaccurate. So when i called them, the debt collector (not lawyer) said my balance with them is $1846. I’ve received legal advice and it seems it would be too costly and time consuming to fight this. So i would rather settle.
Any tips you can share with me for when i call them tomorrow would be greatly appreciated. Thanks
Oh and i also am going through financial hardships and i would need the hold/levy to be lifted in order to make a payment. Can i make arrangements with them for any amount per month ie $30-50? If we agree to a payment plan, which i intend to have in writing, can they order the sheriff to unfreez my acct so i can pay them? If so, how long would this normally take?
Thanks again!
Erico
I do not think Patenaude and Felix will release the money that is currently held out of your account unless you meet exemptions in your state. You will have to follow formal guidelines with the court to determine if your hardships qualify.
Once they get your money that is frozen now, you would typically be able to call and set up a payment plan on the remainder. That would prevent this from happening again.
This process can take a couple weeks to play out.
Pâténaude and Felix placed a levy on my bank accounts this past Friday for an old target card debt $3200. I called and their collector said he would settle for 2500. I can’t come up with that. I have no money and automatic payments and checks processing through will be declined. I don’t know what to do and would like any advice you have please
Sometimes when collections reaches this late a stage (court judgment that allows for bank levy), it is ideal to take advantage of any savings, even if it means borrowing what you can from a friend or family member.
If you are flat out unable to raise money to settle (you can try to negotiate a lower amount than what Patenaude and Felix already approved), you may be able to contest the levy through the court, but that will not prevent scheduled payments hitting your checking account and either being refused, or over drafting your account.
How much money did they get from your accounts?
Hi, Michael,
I am asking this for my father who is now retired and lives on a Social Security fixed income.
He recently received a letter via regular mail from Patenaude & Felix A.P.C. Law Corporation indicating they have been assigned by Capitol One Bank to “Initiate Collection Efforts”. It states that if he wants eliminate further action to call a 1-800 number and unless he notifies within 30 days they will assume the debt is valid. The Amount is 2,535.15.
My question is this a precursor to him getting a lawsuit? What options does he have at this point?
Any info would be appreciated…
If your dad is in a state where Patenaude & Felix A.P.C. Law Corporation practices in the courts, it is much more probable that he could be sued for collection.
I am a big fan of negotiating lower lump sum settlements in these situations. That can often require half or more of the balance owed.
Personal circumstances can play a huge part in what to do next. Your dad being on a fixed income is a good talking point when negotiating. But if he has assets, and looks to be a good collection target based on what Patenaude and Felix sees on his credit reports, you can loose ground.
There are options for defending the suit (if one comes), but those can be costly, and quickly not add up on amounts this low.
There are payment plans that can be set up, but Patenaude and Felix will have to agree to it. What is affordable to your dad?
What is he inclined to do?