Judgment - How to deal with it
Date: Fri, 05/23/2008 - 04:40
Creditor judgment against you - How to recover?
If I have got you right then you are asking: -
What can you do if you get a judgment against you?
If that is so, then there is nothing much you can do. If a judgement goes against you then they will come up with a payment plan. But if you fail to comply with that then in such a case any of the following can take place, depending on the law of the State you live in: -
Garnishment of your wage
Lien of your properties
Levies on your bank account
A judgment against you can affect your credit score very badly and will remain in it for approximately 7 years.
Most judgments have a long shelf life. You will need to pay it &
Most judgments have a long shelf life. You will need to pay it & demand the court file a satisfaction of judgment in the court records. After it has been paid,we can provide you with disputing tips to remove it from credit bureau records.
I have a paid judgment, i wanted to know how to go about removin
I have a paid judgment, i wanted to know how to go about removing from CR, Experian deleted it, but TU updated to paid...any suggestions?
Updated to Paid is good - TU will most likely leave it on your r
Updated to Paid is good - TU will most likely leave it on your report until it falls off after a certain number of years.
Someone correct me if I'm wrong on this, but I think that's what's likely to happen. At least they updated it to paid - a paid judgement still doesn't look great on your report, but it looks a whole lot better than an unpaid one.
I recently had to do major battle with one creditor from over 10 years ago who insisted that their judgement was still valid, even though I had been through a bankruptcy that discharged it. It's finally been removed from all three credit reports, but it took me over a year to get it done. I just kept disputing it.
The Fair Credit Reporting Act requires collectors to provide tim
The Fair Credit Reporting Act requires collectors to provide timely and accurate information to the credit bureaus. You cannot remove accurate information until the SOL period (in this case, 7 years from the pay-off date) is reached.
Experian is probably just being careful, and will likely put it back on your credit report after the 45 day investigation period.
All 3 need to report it as a Paid Judgment.
Can you get a house or car in your name if get a judgement again
Can you get a house or car in your name if get a judgement against you.
Not likely, possibly a car loan, but the interest and fees will
Not likely, possibly a car loan, but the interest and fees will be very high and you'll likely end up paying about 3x the value of the car...
You need to check witht he clerk of the court in the county you
You need to check witht he clerk of the court in the county you live in. If they have a judgement, and you were not served, then you can file a motion to vacate for improper service. However, the collector can re-file the case against you.
I was served by the court to apear in court, but the company kep
I was served by the court to apear in court, but the company kept putting off the court date.They never notified me of the new court date and then went to court without telling me.Of course they won by default. Is anyone required to notify my of the new court date and if so, what can I do?
I was served by the court to apear in court, but the company kep
I was served by the court to apear in court, but the company kept putting off the court date.They never notified me of the new court date and then went to court without telling me.Of course they won by default. Is anyone required to notify my of the new court date and if so, what can I do?
Getting rid of judgement?
I discovered last fall the Legal Recovery Law Office (Mark Walsh is the attorney) had obtained judgement by default against me for a Capital One account. That card had a credit limit of $500. They are now asking for $1699 as they have added court fees, attorneys fees, interest and who knows what else. Last week I got in touch with a non-profit mediation service letting them know I could offer a maximum of $400 to settle the account in full. Mark Walsh's office replied saying they were not interested in settling and wanted the full amount, saying the judgement gave them leverage. I told the mediator that was not possible and to see if they would extend a payment plan for a lower amount. Mark Walsh's office responded by saying they would arrange a payment plan for the full amount provided I furnished my address and employment info. I told the mediator I was no longer interested in mediating with these crooks. I went to LA Superior Court this morning to obtain a copy of the filed papers. After reading them I saw that I was "served" at an address where I never lived, and I can prove I was living elsewhere at the time. Is it safe to assume I was not served in this case? I don't know the law. Furthermore, and I don't know if that has any bearing, one of the court papers filed by Mark Walsh specifically mentions that the original credit card application/contract appears to be lost. So I spoke to a very courteous attorney today to ask for advice. Unfortunately he charges $650 to deal with the case. But he mentioned that I probably should try for a "first appearance" or "first paper" to obtain a hearing on the case to set aside the judgment, that another $205. I really want this case to be completely satisfied, dismissed, off of public records without giving the collecting attorney money, as they are essentially trying to intimidate and fleece me. What are my options. I thank you in advance for any advice, examples of letters, etc... that you could transmit to me. I want to resolve this matter.
You can have the judgment removed for improper service. I am not
You can have the judgment removed for improper service. I am not an attorney, but you can find out how to do anything on line or check with clerks office for your county.
Also have a judgement against me. Knew absolutely NOTHING about
Also have a judgement against me.
Knew absolutely NOTHING about it, until I received a threatening letter from CA.
Stating they had account of mine, reduced to judgement. Claimed they got in 2004.
Letter recieved, dated Dec 22, 09 was first time I knew of this.
In my case, I sent an Email to county court. Got phone call back. They stated that original court documents had been destroyed. But, I could call another individual and have a service record? mailed to me, showing what happened and when. Plan on doing so, probably Monday, when I have the time to do so.
Am certainly planning on sending letter to court, requesting the judgement be vacated for improper service.
Still planning on looking for attorney for consultation on possible FDCPA/FCRA violations.
And, if I have to, I'm also looking into possibility of a BK attorney. Don't want to, but may have no other choice.
One question on judgements:
Can one have a judgement vacated with prejudice??
Or is the lawsuits only?
That thought crossed my mind during work last night!
As always, information much appreciated.
Thanks.
I have judgement against me for a car that was totally a lemon.
I have judgement against me for a car that was totally a lemon. I gave them car back now I have a judgement against me for 21000 dollars. The car was only 5000.
I had a judgment by default entered against me and now they have
I had a judgment by default entered against me and now they have a lien on my personal property with an outrageous interest rate plus legal fees as well with whatever else they wanted to charge. Is there anyway I could set up a payment plan on the principle amount owed. Also I was improperly served the court summons.
I need some advice. I received a Summon from the creditor's atto
I need some advice. I received a Summon from the creditor's attorney a year ago and i signed up with the debt management to do my payment and proposal. 2 months after they received my payments they filed a judgment against me because they payment was less then what they wanted but never made contacts with me or my debt management who tried to contact them. Finally when they did, the judgement has already gone thru..and i didn't even know the status until now since after i stop paying, after i got laid off from work. Now have a date scheduled for court to arrangment payments, i wanted to find out can the amount on the judgement increase after a judgement has been recorded? I've payed them for 9 months and when i called the attorney's office they gave me a balance that was still the same as what was on the judgement letter a year ago. And they wouldn't tell me what happen to the $900 payments i made and why it didn't reduce my balance? Please advise...
Default Judgement Options
Quote:
Originally Posted by kchahn Also have a judgement against me. Knew absolutely NOTHING about it, until I received a threatening letter from CA. Stating they had account of mine, reduced to judgement. Claimed they got in 2004. Letter recieved, dated Dec 22, 09 was first time I knew of this. In my case, I sent an Email to county court. Got phone call back. They stated that original court documents had been destroyed. But, I could call another individual and have a service record? mailed to me, showing what happened and when. Plan on doing so, probably Monday, when I have the time to do so. Am certainly planning on sending letter to court, requesting the judgement be vacated for improper service. Still planning on looking for attorney for consultation on possible FDCPA/FCRA violations. And, if I have to, I'm also looking into possibility of a BK attorney. Don't want to, but may have no other choice. One question on judgements: Can one have a judgement vacated with prejudice?? Or is the lawsuits only? That thought crossed my mind during work last night! As always, information much appreciated. Thanks. |
First you may have your default judgement reheard if you prove you were not served. Second, if you win or won, ie Statute of Limitations has expired, Negative Cashflow, Wrong Person, Discharged Bankruptcy, you can have it vacated with or without prejudice, whichever way the judge sees it. Normally, they will approve with prejudice if it is a blatand mistake, without prejudice if there is a possibility of additional information going in either parties favor down the road (or whatever lawful reasons they have in their bag of tricks). The purpose of small claims court is to avoid fancy attorneys but you are alway welcome to hire one, retain one, or see advice from one. My two experiences in small claims court was she is very fair, knowledgeable of the law, and even shows compassion in valid extenuating circumstances.
Quote:Originally Posted by AnonymousI need some advice. I receiv
Quote:
Originally Posted by Anonymous I need some advice. I received a Summon from the creditor's attorney a year ago and i signed up with the debt management to do my payment and proposal. 2 months after they received my payments they filed a judgment against me because they payment was less then what they wanted but never made contacts with me or my debt management who tried to contact them. Finally when they did, the judgement has already gone thru..and i didn't even know the status until now since after i stop paying, after i got laid off from work. Now have a date scheduled for court to arrangment payments, i wanted to find out can the amount on the judgement increase after a judgement has been recorded? I've payed them for 9 months and when i called the attorney's office they gave me a balance that was still the same as what was on the judgement letter a year ago. And they wouldn't tell me what happen to the $900 payments i made and why it didn't reduce my balance? Please advise... |
It was your responsiblity to respond to the summons and to appear in court. As a general rule, debt management plans will not get involved with legal proceedings.
Have you taken into account all the court and legal fees that would have been assessed to you thru the judgment??
Quote:Originally Posted by SOAPLADYIt was your responsiblity to
Quote:
Originally Posted by SOAPLADY It was your responsiblity to respond to the summons and to appear in court. As a general rule, debt management plans will not get involved with legal proceedings. Have you taken into account all the court and legal fees that would have been assessed to you thru the judgment?? |
Well it looks like they added all the fees onto the judgment already, and i thought if they don't accept the proposal letter they would reject the money. But instead they kept the money and file the judgment against me.
I just found out that even though I filed BK in december, Cap1 w
I just found out that even though I filed BK in december, Cap1 was able to get a default judgement against me in Jan 2011!!! I had been told by my BK Atty. that because I filed the Chap. 7 BK, that all legal proceedings and subsequent court actions would cease. HA! Apparently, that was not the case. I have my trustee hearing in March 2011. If all goes well, then all of my debts will be wiped out. However, if not... then I am 'up a creek'.