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Help. I won Notice to Vacate Judgment. Now what?

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Anonymous
Not applicable

Re: Help. I won Notice to Vacate Judgment. Now what?

Based on the judgment date of 2000, that would put your DOLA in at least 1999, as judgments are not brought on accounts that are just a little past due.  I would dispute the collection based on the credit reporting agency SOL of 7 years.  The collection agency must provide DOLA on collection accounts based on the DOLA of the original account, regardless of when the collection account was opened.  If they are reporting a different DOLA, I would sue their butts!  If you cannot get it off by using "account too old to be reporting", then find a local consumer advocate attorney who will sue the CA for mis-reporting.  These attorneys just love to go after the bottom feeder creditors who do what they please with your credit report.  Good luck!
Message 11 of 16
Tuscani
Moderator Emeritus

Re: Help. I won Notice to Vacate Judgment. Now what?

Message 12 of 16
FICOrising
Member

Re: Help. I won Notice to Vacate Judgment. Now what?


@Anonymous wrote:
FICOrising,
What state are you in?
Do you know the DOFD reported to the CRAs?
If not, what's the DOLA?

I'm in California. For the original creditor, there is a box labeled Reported and it says 11/03. Another box says Last Active 10/00. The judgment says filed 12/08/2000 with a status date of 12/00.

Message Edited by FICOrising on 05-29-2007 09:02 PM
Message 13 of 16
FICOrising
Member

Re: Help. I won Notice to Vacate Judgment. Now what?



@Anonymous wrote:
I think he's referring to the public record entry, so it's 2 different issues actually. The debt still exists but the public record is an entry for a judgment that was thrown out. From a bureau standpoint they are not connected. The debt is still there, so that can still be reported as a collection, but not as a judgment.

Message Edited by devhip on 05-18-2007 03:28 PM


Yeah. That's how I understand it to work. The original creditor explained it like this. The Stipulated Judgment only turns into a regular judgment if I fail to meet our agreed upon terms. The stipulated judgment does not appear on my credit report.
Message 14 of 16
FICOrising
Member

Re: Help. I won Notice to Vacate Judgment. Now what?

Thanks to everyone who has posted so far. Here is a little update.

Last week I went to the office of the collection agency and handed them a copy of my court papers saying that the judgment was vacated and they no longer have a valid collection claim.

The guy said they do because I still owe the money to the OC. He said that the OC just contacted him the day before to update them on the situation. I countered with, "I NOW owe them the money. And based on my court agreement with the OC I am no longer in default or collections and since the judgment that you were collecting on is gone so goes your collection." He said that I was partially right and I said that I'm completely right.

He gave me the collection agency's envelop and told me to send my future payments to them. I think he was trying to get me to send them the check because then it would acknowledge their collection in some sort of way. I said that I'm already getting envelopes from the OC and I'll be send them directly to them.

I told him that I want all record of his agency's collection deleted from my credit reports. He said that he doesn't have a problem with that once he gets the okay from the OC. He said to give him until Wednesday or Thursday of this week to have everything worked out. I'll call Thursday morning to see.
Message 15 of 16
Anonymous
Not applicable

Re: Help. I won Notice to Vacate Judgment. Now what?

Can you please tell me why you say they have to "prove" the DOLA?  I've had a bottom feeder reporting false information since 2004 that I've been disputing with NO success, their stupid reports continue to show validated...although it hasn't been validated!
 
Appreciate more info!
Message 16 of 16
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