Skip to main content
index page

Judgment - How to deal with it

Submitted by snickers1776 on Fri, 05/23/2008 - 04:40
Posts:
Credits:
[Donate]

When the courts made their decision and you do what? Can this judgment be a permanent score on ur record forever or will it go away? Anyone???


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.


Submitted by phoenix on Fri, 05/23/2008 - 04:50

phoenix

( Posts: 1445 | Credits: )


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.


Submitted by SUEBEEHONEY70 on Sun, 04/26/2009 - 07:57

SUEBEEHONEY70

( Posts: 4583 | Credits: )


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.


Submitted by Chrys Henderson on Mon, 04/27/2009 - 00:19

Chrys Henderson

( Posts: 2538 | Credits: )


How do you know a valid judgement has been put against you if you never received any court papers asking you to got to court


Submitted by on Thu, 07/02/2009 - 16:41

( Posts: 202330 | Credits: )


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?


Submitted by on Fri, 07/03/2009 - 22:04

( Posts: 202330 | Credits: )


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?


Submitted by on Fri, 07/03/2009 - 22:05

( Posts: 202330 | Credits: )


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.


Submitted by Jean G on Thu, 01/14/2010 - 18:09

Jean G

( Posts: 2 | Credits: )


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.


Submitted by kchahn on Fri, 01/15/2010 - 10:12

kchahn

( Posts: 167 | Credits: )


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.


Submitted by on Wed, 09/01/2010 - 08:06

( Posts: 202330 | Credits: )


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...


Submitted by on Sun, 10/03/2010 - 02:37

( Posts: 202330 | Credits: )


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.


Submitted by on Mon, 10/04/2010 - 11:23

( Posts: 202330 | Credits: )


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??


Submitted by SOAPLADY on Mon, 10/04/2010 - 11:29

SOAPLADY

( Posts: 17315 | Credits: )


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.


Submitted by on Wed, 10/06/2010 - 13:59

( Posts: 202330 | Credits: )


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'.


Submitted by on Thu, 01/20/2011 - 04:52

( Posts: 202330 | Credits: )