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I have a jugdment as well.

Date: Mon, 02/23/2009 - 12:01

Submitted by jaimegauna
on Mon, 02/23/2009 - 12:01

Posts: 7 Credits: [Donate]

Total Replies: 12


Long story.
But as far as a judgment goes what do i have to pay?
The judgment was for 760 which I am willing to pay but contacted the apartment complex which in turn gave me a 404 number to contact and when i finally did get a hold of a Mrs. Hill i was informed that I would have to pay 3230.00 plus the judgment as well as interest in the judgment starting from 2002?
Oh yeah this was for an eviction from an apartment complex.
What am i required to pay?
Thanks in advance for any and all help.


If there is a judgment, it means that whoever has the judgment against you has the right to garnish wages, attach bank accounts, put liens on your property and a few other things in order to satisfy the court order. If there is interest due, how it is calculated is most likely part of the judgment. Judgments can stay on your credit report for your entire life. Although they are usually good for a specific number of years, in most states the holder of the judgment can keep renewing it. A judgment is not something to be taken lightly.


lrhall41

Submitted by clovisca1949 on Mon, 02/23/2009 - 12:41

( Posts: 55 | Credits: )


I have been reading up as much as i could as far as what they are able to do. I do not need them garnishing wages or anything like that or getting into my bank account. I never paid attention to it on my creid report and that was my error. Now it is biting me in the arse being that i am trying to get a home and cannot get the loan to go through until i pay this off.
So do i have to pay the whole 3230.00 plus judgment amount and interest? I am in Texas by the way. I am reading that different states have different laws.
Thanks again


lrhall41

Submitted by jaimegauna on Mon, 02/23/2009 - 13:00

( Posts: 7 | Credits: )


When a debt is reduced to judgment, they can charge interest at the statutory rate on the judgment balance. Actual court costs are usually allowed on top of the judgment balance. Attorney fees, if awarded, would be part of the judgment amount. But they cannot just add any other charges they feel like and say you owe them too.

If the judgment was for $760, then you owe $760 + interest + court costs. If the judgment was in 2002, figure the interest is about (760*.09 = $68/year X 6 years) = $410 in interest. Court costs might have been about $150-200. I would estimate the most you should owe is about $1500.

You have a right to know what they claim the extra $3230 is for. If the judge did not award it in the judgment, then they cannot tell you to pay it.


PS...
Quote:

Judgments can stay on your credit report for your entire life

That is not true. Judgments are only on your credit report for 10 years. True, the creditor can keep renewing it through the courts prior to expiration; but the most it can stay on your credit is 10 years.


lrhall41

Submitted by DebtCruncher on Mon, 02/23/2009 - 19:43

( Posts: 2293 | Credits: )


Thank you for the great info
Next question.
The collection agency the apartment complex for some reason does not have the judgment info on file. I have spoke to a person on the phone once all other times we are playing phone tag. But last voice message i received from her was asking me to go to the courthouse get the info on the judgment and fax it to her.
How freaking crazy is that?
Can i just go to the Justice of the peace office and resolve the issue through them and deal with this crazy collections place?


lrhall41

Submitted by jaimegauna on Tue, 02/24/2009 - 12:15

( Posts: 7 | Credits: )


I would send them a DV letter. Make them get the information and prove that you owe the debt and that they are the collection agency handling it.

I mean some freak off the internet could be calling and claiming they are a collection agency. Judgements are public record and anyone can get the information about them.

Make sure they are legit before giving them any of your information or money.


lrhall41

Submitted by nohiogal on Tue, 02/24/2009 - 12:45

( Posts: 2582 | Credits: )


Quote:

Judgements are public record and anyone can get the information about them.


This is what i am finding crazy, if she supposedly has my file and can tell me what i owe them but does not have the judgment and is stating that she cannot get them off the internet. Can I go to the courthouse? yeah right.
I will be at the courthouse Friday but she will not be getting a copy of anything.
I owe it and i am going to pay what the judgment stats and court cost plus what they see fit as far as interest. But that will be made to the Justice of the peace office and get a letter from them stating that the judgment has been satisfied.
Is this the best route to go if i want a now solution?


lrhall41

Submitted by jaimegauna on Tue, 02/24/2009 - 12:53

( Posts: 7 | Credits: )


I'm not sure that the court will actually take a payment. It's not really the court's job to account for it and remit it to the creditor.

If a CA has the account, make them validate it. Send a DV, which as specifically required in FDCPA ("until the debt collector obtains verification of the debt or any copy of a judgment") they have to provide you with a copy of the judgment. If they can't produce it, then they can't collect.


lrhall41

Submitted by DebtCruncher on Tue, 02/24/2009 - 18:48

( Posts: 2293 | Credits: )


Quote:

When a debt is reduced to judgment, they can charge interest at the statutory rate on the judgment balance. Actual court costs are usually allowed on top of the judgment balance. Attorney fees, if awarded, would be part of the judgment amount. But they cannot just add any other charges they feel like and say you owe them too.

If the judgment was for $760, then you owe $760 + interest + court costs. If the judgment was in 2002, figure the interest is about (760*.09 = $68/year X 6 years) = $410 in interest. Court costs might have been about $150-200. I would estimate the most you should owe is about $1500.


Pretty much right on. Thank you all for the great advice. And to inform others out there you can pay the Justice of The peace. They are charging me judgement plus 207 in court cost and interest.
Going tomorrow to pay it and get a letter from them so i can send to the c/a and to get my home loan to go through. though now i have to come up with this money cause it was intended for down payment.
But there is light at the end of the tunnel.
As usual this site is great.
Thanks again


lrhall41

Submitted by jaimegauna on Thu, 02/26/2009 - 14:59

( Posts: 7 | Credits: )


Ok so now that i have paid the judgment and the apartment complex has received the judgment amount and court costs and interest. The apartment complex went by the courthouse and picked the money orders up. The now once hard to get a hold of creditor is calling and trying to collect what she says i owe. Which is about 1600 more than what i already paid. Creditor is stating that i owe the rest because of the contract and i just paid the judgment portion. Now if I am correct a contract in Texas expires after 4 years and this was done in 2002. I have a Satisfaction and Release of Judgment signed and stamped by the court house.
My question is what is the next step to have everything removed from my credit report?


lrhall41

Submitted by jaimegauna on Thu, 03/05/2009 - 08:46

( Posts: 7 | Credits: )


Once a creditor sues for breech of contract, it acts as a termination of that contract as to any remaining terms in it. Tell them once they got a judgment, the contract doesn't exist anymore. There is no possible way they could sue you again over it (and if they did, you would have a valid defense in that they already obtained judgment and you paid it).


lrhall41

Submitted by DebtCruncher on Fri, 03/06/2009 - 17:12

( Posts: 2293 | Credits: )