General Credit Topics

[Scubasteve2365]

Hello,

I have a measly $423 dollar judgement against me from the local hospital. Their attorney filed the judgement against me in 2002 and was awarded a default judgement. I was young, ignorant, and was totally unaware of owing the hospital anything. I've only gone to the hospital once in my life. I believe there to have had been a lapse of time between my visit to the hospital and the hospital determining that I owed fees.

Last month I went and filed to vacate the judgement and tomorrow I head to the courthouse. I really have no proof of anything. I'm hoping that they don't show or that they cannot prove the debt.

What sort of laws or guidelines are out there that I can use in my comments to the judge. I plan on being honest but I also want to show that I know they are responsible for proving that I owe the debt. I know the rules on debt validation with a CA but I don't think all of those rules apply to an OC.

Any particular FCRA, FDCPA, or similar laws that I can refer to in case they are unable to provide proof that I owe the debt. I've done things Pro se in the past [traffic, small claims] and have learned that displaying some basic knowledge of law is helpful.

Thanks.

[Kodobe]

Hey Scubasteve2365,

When you go to court say that you weren't properly served.  You never received any information in regards to the judgement.  Because the only way to avoid a judgement on your credit report is to appear in court within 30 days when you get the judgement papers.  If you don't appear, its a automatic default judgement and the plaintiff wins!!

Even though you did receive the papers its just better to say you didn't.  And say that you were denied credit and you look at your credit report and you saw the judgement and you werent aware of any judgements at all.  And you want to work something out to have the judgement remove.

Because I try to remove some judgements as well and the judge didn't vacate/dismiss the judgement.  My reason was because i filed bankruptcy in 2005 and the judge made it clear that wasn't a good enough reason to remove the judgement. 

So Hopefully this is some good feed back that will help you when you go to court tomorrow.  Good luck

I

[concorduser]

Good Luck. I got Three judgements vacated and removed from my CR's.

[masdeocho]

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Kodobe wrote:

Hey Scubasteve2365,

When you go to court say that you weren't properly served.  You never received any information in regards to the judgement.  Because the only way to avoid a judgement on your credit report is to appear in court within 30 days when you get the judgement papers.  If you don't appear, its a automatic default judgement and the plaintiff wins!!

Even though you did receive the papers its just better to say you didn't.  And say that you were denied credit and you look at your credit report and you saw the judgement and you werent aware of any judgements at all.  And you want to work something out to have the judgement remove.

Because I try to remove some judgements as well and the judge didn't vacate/dismiss the judgement.  My reason was because i filed bankruptcy in 2005 and the judge made it clear that wasn't a good enough reason to remove the judgement. 

So Hopefully this is some good feed back that will help you when you go to court tomorrow.  Good luck

I

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I strongly advise you against lying in court.

Will the court even consider a motion to vacate 6 years later? Is there a SOL on that? You might want to ask the clerk of the court before you go.  What did you put in your motion for the reason(s) to vacate it? 

[Scubasteve2365]

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masdeocho wrote:

I strongly advise you against lying in court.

Will the court even consider a motion to vacate 6 years later? Is there a SOL on that? You might want to ask the clerk of the court before you go. What did you put in your motion for the reason(s) to vacate it?

---

I assume the court is considering my motion to vacate because they granted me the time in the court room? A notice was sent to me and plaintiff's attorney. When I filed the motion I listed not properly served as the reason. I legitimately do not remember being served or ever knowing about the debt. It's possible that this debt could be mine, I just don't know about it, and am more worried about the judgement going away than I am the $423.

I'm hoping that since it's such a small amount that they won't show, in which I'll ask for the judgement to be dismissed w/ prejudice. If they do show then I hope they are unable to produce any original copies of a signed agreement. If they can't provide proof I want to know what to say to the judge. I don't want to sound completely ignorant and simply say they're supposed to prove I owe the debt. I'd like to have some technical laws to reference so they see that I'm not just going to lay down and so that the judge may take me more serious Pro se.

[Lady_Scarlet]

The Judge will ask you the 'appropriate' questions.  You will be nervous, but try to keep your cool!

The plaintiff may ask for a continuance to retrieve records from the OC.  Saw this happen on Monday (yes, I was in court on Monday as a Plaintiff - had defense motions being heard -- all denied). Also saw service & case vacated against a man who was supposedly served by a process server - Judge didn't buy his testimony.

The judge will ask for proof of service (this should be in the court records) - he will asked where you lived at the time. ETC.  Since you are pro se - the Judge will 'walk you thru' in some respects.  He is there to met out justice - and will know if something isn't 'right' and lead you in that direction.

[Scubasteve2365]

Thanks Scarlett,

I was reading your message via my cell phone in the courtroom right as the judge walked in.

The outcome:

Lawyer showed.
Lawyer was able to show that the debt was mine. He moved kind of fast but from what I gathered the documents shown to me were in the courthouse record. They must have been submitted back they filed several years ago.

Anywho, I didn't have a leg to stand on. I didn't really know anything about the judgment until not long ago. I was honest about it all and I talked to the lawyer [in front of the judge] and all seemed to come to an agreement that If I pay the amount that the lawyer would file to vacate the judgment.

My question is what do I need to do to make sure that process goes smoothly? I don't just want to go and plop down the money on good faith. Why would anyone go out of their way once they already receive their money? I assume the judge took note of the agreement between the lawyer and I, but I honestly didn't see him write anything down, whereas he seemed to be writing a lot of other things down. I'm ready to go pay the balance as soon as tomorrow, but I don't want to get stuck with a "paid judgment" on my CR. I want it gone entirely. Any advice?

[madameozzie]

Three things pop into mind immediately for you

I  am pretty sure your court was a Court of Record...meaning all proceedings are recorded either digitally or by other  recording medium.  You can get a transcript if you wish, but they can be costly depending on how long you were in the courtroom.

Secondly,  contact the  attorney that was in the court proceedings, ask for a written letter outlining the  payment agreement.

Third, as defendant in the action you are entitled to a complete copy of the trial case file depending on your state.  Copy charges may apply.

Message Edited by madameozzie on 03-12-2008 09:47 AM

[Lady_Scarlet]

Filing to vacate is easy for the lawyer - not much work with that one (should have been with me on Monday - Lol - 3 ring circus day).

The Judge did 'justice' right - he probably believed that you had no knowledge of the court case but that it was a legit debt - and he 'compromised' it - you pay and the judgment gets vacated.

Write a simple 'contract' to the attorney - variation of a PFD, 2 copies - and sign it at the bottom leaving space for his sig -- take it and the cashier's check/certified check over to his office (call to make sure he's there ) and have him sign the 'contracf'.  The attorney knows that his agreement to vacate is on record - and he probably won't mess around unless he would like to have charges brought against him.

USE the KISS principle

"Agreement to Vacate Judgment" 

Finanlizing our negotiations which occured in courtroom#123 of the DIstrict Court of ____.  Upon my payment of $429,  Mr. ____ of the firm ______ agrees to vacate the judgement obtained in this case # ______.  Attorney ______ signature below indicates receipt of payment.  Attorney _____ will file appropriate paperwork to vacate the judgment in this case within 5 business days of receipt of payment.

Your name, Sig & Date                                                  His name, Sig & Date 

[Scubasteve2365]

Thanks,

I will definitely use the above.

I don't think there will be a problem, as the lawyer talked to me as we were leaving and told me he wanted official record of it since the company he represents usually doesn't like doing such things.

[I for the life of me can't understand why companies have this attitude]