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Question about a Judgement

Date: Thu, 02/19/2009 - 18:01

Submitted by elvismommy3
on Thu, 02/19/2009 - 18:01

Posts: 36 Credits: [Donate]

Total Replies: 7


My husband had a loan with a local loan company. After we were unable to make several full payments (we made a few partial payments, as much as we could afford at the time), we got served with a Judgement notice one day. I called the loan company and they asked if I could make payment arrangements and stick to them. They lowered our payment and we paid out the loan as agreed. I asked them what to do about the judgement and he told me not to worry about it, nothing would be pursued. After we paid out the loan, I waited for the judgement to be marked paid, or whatever it is that they do when a judgement is paid out. After several months, I called the loan company and they told me I still have to pay $1600 to the attorney for the attorney's fees and the judgement expenses.
We went to our bank (small hometown bank where everyone knows everyone), and applied for a loan to pay off some other debts and rolled that attorney's fees into the loan. The bank officer was asking me why we had to pay attorney fees if nothing was ever pursued about the judgement and he asked why it was still on our credit report. I told him I had no idea, that the loan company said that since they already filed it, it would stay on there for 7 years and couldn't be removed. He made a strange face (but gave us the loan) and said "That doesn't sound right".
So... I ask you... were we deceived? Is there something I can do about the judgement on my husband's credit report? I have pulled my husband's score up over 100 points in the past year and if that would be removed it would help so much. I always thought you couldn't do anything about it, but after talking with the guy at the bank, I am assuming maybe there are ways? Can anyone help with this? I am in Louisiana, if it makes a difference.


check with your court clerk.make sure nothing was filed.if not,get documentation from the clerk.then send a formal dispute to the credit reporting agencies.then go to naca.net and find a consumer lawyer who will work ona contingency basis and sue them raw.


lrhall41

Submitted by paulmergel on Thu, 02/19/2009 - 18:05

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if you reached a payment agreement.the papers should have been withdrawn.then there wouldn't have been any court costs or attorney fees.


lrhall41

Submitted by paulmergel on Thu, 02/19/2009 - 18:11

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$1600 seems like a lot for attorney fees and court costs. If they actually filed a case, even if you reached a payment agreement, you'd usually have to pay the initial court filing fee (which is like $85-150).

Attorney fees would usually be stipulated in your payment agreement. (Well, did you get that in writing, or did you just call and agree to pay XX per month?)

Or, if the debt was actually reduced to judgment, then attorney fees would be a part of the overall judgment amount.

They can't just make up random numbers and call it "attorney fees." For example, in IL the judges will only allow us to tack on $350 for attorney fees. If I ever tried to charge more than that, I could risk the state revoking my license.


lrhall41

Submitted by DebtCruncher on Thu, 02/19/2009 - 20:29

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