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Derrick McGavic Bought My Debt, Got Judgments Against Me and The Was Disbarred. Do I Still Have to Pay? – Mary

“Dear Steve,

I recently became aware of the State of Oregon’s action against McGavic & Finney, and that he has been ordered to surrender his license to practice law in Oregon and close his office in Eugene.

Mr. McGavic has two judgments against me. One from August, 2006 and one from August, 2008. The original charge-offs from these were $10,215 and $2,407.47 respectively.

I have been making monthly payments on both of these judgments, but because of Mr. McGavic’s means of computing interest and additional charges, both of these accounts have morphed into much more than the amounts he originally purchased.

When I have requested a statement of account, I only receive the total amount owing with no breakdown of what was paid to the original principal and what was interest. And, of course, the balance he says I owe is more than the original amounts he purchased.

I have kept all correspondence and copies of all payments made to him since I began making payments in 2007 for the one and 2008 for the other.

I am close to paying off the amounts of the judgment that show on my credit report, and would like to know that since his office is being closed what my responsibility is regarding his inflated interest and fees.

Mary”

Dear Mary,

For those that might not be aware, Derrick McGavic, Esq. entered into an agreement with the State of Oregon to pay $70,000 and surrender his law license over complaints about his debt collection law practice. More information is available here.

From your question it does not seem as if the issue is that you never owed the money and should have not received the judgments against you, but it is a matter of accounting for the money you have paid.

It seems the underlying judgments would survive the McGavic mess unless they are challenged for some reason, such as the validity of the debt.

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Are the judgments an award for McGavic or for a debt buyer or creditor he was representing?

What was the original balance of the judgment, the amount of the monthly payment you were making and the interest charged on the judgment? If you can give me that information I can calculate where you should be.

Post your answers in the comments section below.

I’ll ask our resident FDCPA attorney to comment on your question as well.

Sincerly,
Steve

You are not alone. I'm here to help. There is no need to suffer in silence. We can get through this. Tomorrow can be better than today. Don't give up.




About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

7 Comments

  • I was in a similar mess, had paid 2000 on an original debt to Capitol One of 1500.  I went to the DOJ, and got added to the class action suit, and absolutely demanded a full accounting of the interest and service fees from McGavic, in writing. It took forever, and they were wanting close to 8000 by the time he was shut down.  I then recieved a further demand for payment from partner K. Finney.  I again replied with demand for breakdown, and additionally, a HALT to the interest of 26% daily, until the issue was resolved.  In about 2 months I received a ‘Vacation of Judgement’ from yet another lawyer.  Took about 3-4 years, but it’s over!  DO contact the DOJ 

  • Mary-Did you ever find an answer ? I am trying to figure this out for my 70 year old Mother that I think was being scammed by this guy.

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