What to do about a court-ordered payment that I cannot meet?
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What to do about a court-ordered payment that I cannot meet?
I was incarcerated when a bench warrant was issued for a charge I was on parole for. I discovered it 9 months after my release. I contacted the county and was told to bring proof and it would be lifted. This was on 11/01/10. On 11/02, I went to county only to find that within 24 hours they turned it over to collections and added $3000 to the balance. I had to agree to this in order not to be arrested on the bench warrant that should never been issued in the first place. Now I cannot meet the payment. I sent what I could, and have every 30 days, but my last payment was refused and returned.
Asked on January 23, 2011 under Criminal Law, Oklahoma
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You should not have agreed to the payment. You now need to get yourself a lawyer (a criminal defense attorney first) to help you clear the bench warrant issue and then use the results from that to then ensure that your amount owed or any overage is taken off of the record and off of your credit report. If it has gone to collections, the easiest way to handle this portion is to contact each credit reporting agency, order your credit report, find the record in there and file an investigation with the credit report agency or a dispute with the agency. Provide proof it was to be lifted and not have the $3,000.00 added or it wasn't something you owe period and then send that material to the credit reporting agency. It goes from there onto an investigation and after a certain amount time, it can be erased off of your record. Keep in mind, if your criminal record is not on your credit report, think twice before you file anything with the agency and consult with your attorney about the next steps.
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