Skip to main content

Debtconsolidationcare.com - the USA consumer forum

Judgment

Date: Fri, 12/19/2008 - 12:00

Submitted by Lolastar23
on Fri, 12/19/2008 - 12:00

Posts: 13 Credits: [Donate]

Total Replies: 4


Hi All,

I recently found out I have a judgment on me from an old debt dating back 8 years ago. The way I found out is because I'm thinking about purchasing a house and I had my credit pulled. Is there any thing I can do to dispute this or try to have it taken off my report. Is it even legal to try to collect on an old debt?


I too learned of a judgment through pulling my credit report. Not too old for SOL, but I don't recall receiving a summons, no attempts to garnish my wages, or other evidence indicating it is legitimate. No record of suit on county clerk database. Plaintiff can't locate the account and now I am waiting for their attorneys to respond. Suggestions?


lrhall41

Submitted by anonymous on Sat, 12/20/2008 - 06:32

( Posts: 202330 | Credits: )


the first thing you need to do is contact the court listed on your credit report entry for that judgment. You will need to send the court a certified letter explaining that you were never served a summons for this lawsuit, and that you are therefore requesting that the judgment be vacated on the grounds of improper service. it is important to send this letter certified mail, return receipt requested, so that you will be able to show when it was received.

Those of you that are dealing wth a debt outside the SOL, you can also mention this in the letter....i would basically add a statement in the letter to the effect of this:



As long as the question of improper service has merit, the court doesnt really have much of a choice but to vacate the judgment. now, this usually means that the case can start all over again, so it wont usually just disappear. But at least this time, you will have the chance to request validation of the debt and so on. keep this in mind too--debt collectors dont usually try to get a default judgment illegally like this unless they cannot produce proper validation on the debt, so if you get the judgment thrown out and the case starts over, be sure to deny all of their claims and request proper legal validation of all of their claims. if they cannot produce it, then you need to move for dismissal with prejudice.


lrhall41

Submitted by skydivr7673 on Tue, 12/23/2008 - 09:17

( Posts: 2036 | Credits: )