Jacob Reed5 said:Hey there! I need some advice regarding a bunch of questions about a ridiculous amount of money. It’s pretty complicated... 🙂🙂
So, my dad missed one water bill back in 2003. A pipe burst right in front of our building, and at first, the HOA representative told everyone not to pay because it wasn't actual usage, but then later he changed his tune and said the water company was demanding payment. So, it wasn't paid. In 2005, a 2008 writ of execution shows up under both my mom and dad's names—since they were both on the account—for the unpaid balance from all of 2003. By 2006, a motion for execution comes through that splits the proceedings, separating my dad's case from my mom's. (I don't know if anything happened between then and now; documents went missing, and maybe my dad filed an appeal or something). After that, it was just a cycle of court dates, rulings, appeals, more rulings, more appeals... finally, a ruling was handed down in 2013, where the payment receipts apparently proved everything was settled except for $117. That ruling states he owes $117 + $23 in court costs plus fees of about $6.75. But elsewhere, it totals $217 as the amount due. Nowhere does it say how or to whom this should be paid, and no invoice was ever sent. My mom isn't even being notified about any of this. Then, around 2012 (?), a writ of execution for $117 arrives in her name from the water company, without any instructions on what to do next.
Yesterday, a woman shows up at our door claiming to be a process server/bailiff. Mom was in the shower, so I told her to wait outside so we could talk, but the woman insisted on coming inside. Mom came out and asked what was going on, but the woman refused to explain and just wanted to get in to inventory our belongings. I asked if she had documentation proving she was a bailiff and who she was, but she refused to show anything. I asked if she had a document authorizing her to inventory our things, and again, she refused to show it. I asked which law gives her the right to enter a home without official documentation or a warrant, and she just snapped back asking if I was a lawyer. Since I'm not, I just stayed quiet because I didn't have an answer. My dad asked her where she went to law school, and she basically said she didn't even finish college (so much for a meaningful conversation...). We refused to let her in after she threatened to come back with the police to bash the door down because we wouldn't let her inventory the house. She left a paper saying we weren't home and that they'd just force their way in next time. I searched the court website for the name she gave, but couldn't find any record of her as a bailiff.
Questions—
How can I find out if my dad actually paid that debt at the courthouse?
If they split the files, is it possible to collect two separate debts from two people when there was only ever one single debt?
Can we request to see her specific case file?
Shouldn't she have been summoned to court at some point too?
Can we contest her ruling by using his, since the total debt is only $117, which was what they ordered him to pay?
Who is responsible for paying if he hasn't? Is it Mom, Dad, or both?
If they both pay, should they request a refund and a reversal of the judgment?
An attorney is definitely going to cost way more than the $217 required by Dad's ruling, and certainly more than the $350 mentioned in the writ.
And did that woman follow proper procedure?
If I want to file a formal complaint against her because she was so rude, who do I send it to?
Is she legally required to show documentation proving her identity? I mean, a cop has to show a badge if I ask, and I can verify them by calling the precinct. Could this have been a scammer? I highly doubt the law requires absolute blind faith in a bailiff's word to the point where they don't have to show official ID or even a driver's license upon request.
Anyway, I would have paid that $117 a long time ago if anyone had just told us how and where. But I am not paying twice, and I honestly can't deal with... anyone who thinks basic decency doesn't apply just because they work for the state.
Thanks!
Pffft... you guys have overcomplicated this to death...
First thing's first... The court order says you owe $217 (rounding up since I haven't seen the actual paperwork). I am 2000000% certain that the order specifies you owe that amount to the plaintiff, including their full legal name, SSN, and address. You've been playing dumb this whole time (to put it politely). Your job was simple: pay the debt to the creditor's account and the fees to the court, or wherever the damn order instructed you to.
Furthermore, regarding the execution against your mother (honestly, I had to laugh at that "not sure what to do next" part—kind of like when people at T-Mobile say, "Whoops, we're being a bit too playful here" 🙂), you should have filed an objection. You should have explained that the matter is ongoing and provided the necessary documentation. Instead, you did what most people in this country do... you didn't file an objection, you probably just went off fighting with some law firm, and let the execution become final...
As for the bailiff and his conduct, go ahead and take that stack of papers to the police and file a report for impersonation. The police are required to explain your rights based on that and they have to take your report. It probably won't accomplish much, but hey, you never know... if you stay persistent, maybe some clerk gets a reprimand. Nothing will happen, but it makes you feel better, right? Just make sure you coordinate your statements about what the creditor looked like. Don't let Mom say he had blond hair while you swear he was a brunette, or get wrong about his eye color...
What now? Long story short, you have a final court order against your father for $217 plus a finalized execution against your mother. In both cases, under the law, you are obligated to pay the full amounts. The only move you have left is to take all your documentation to the creditor and negotiate exactly what needs to be paid, since they tried to collect the same amount twice. Naturally, having the paperwork from those conversations is mandatory (since they won't tell you anything and just point you back to the law firm...). So, feel free to threaten them with a lawsuit for attempted fraud.
In any case, if you end up paying the same amount twice, you can sue them. Capitalism gave us debt collection agencies for a reason... you could take your documents to them, sign a contract where you waive any risk, they pay you whatever you agree upon, and then they go after your claims—which would technically be theirs now.
Or you can hire your own lawyer and go fight for justice and what's right...
Or you can write a letter to Obama...
You have a million options. But the biggest issue here is your sheer lethargy and how careless you've been about all of this.
BTW, a pipe burst in my building recently and flooded people's apartments. It didn't occur to us to stop paying the water bill. So, feel free to give your HOA president a good smack for giving such "top-tier" advice. 😉