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PFD a Judgement? Possible?

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ChuckG
Regular Contributor

PFD a Judgement? Possible?

I have a debt with HSBC that I intend to pay back now that I'm employed once again. The debt is currently with a law firm and according my my credit report, they filed a judgement, (I never received the summons as I was out of the country), I didn't show up for court, and the judgement was found in their favor.

So now, I find myself in a position to be able to pay the $2579 that it's said that I owe them (Original debt was 1400, DOFD was 03/05). But I would love to have this judgement removed from my credit report if at all possible. I never received the summons so while I don't dispute the debt, I certainly do dispute the fact that I avoided my court date.

Any advice? Could I possibly contact the law firm and offer them a PFD letter with stipulations for both the judgement and the collection? Or do they even have that ability?

Thank you.

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ChuckG
Regular Contributor

Re: PFD a Judgement? Possible?

TTT

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ChuckG
Regular Contributor

Re: PFD a Judgement? Possible?

TTT again... seriously? no takers at all?

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dragnldy
Regular Contributor

Re: PFD a Judgement? Possible?

I don't know where you are, but I just faced a default judgement on my ex that was removed because of them not serving the papers correctly.  He had to go to court to have the default removed, but having it removed gave him the stance to work out payment arrangements with the CA and defer another judgement.  Might see what your laws are regarding the valid serving of summons.
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Message 4 of 8
ChuckG
Regular Contributor

Re: PFD a Judgement? Possible?



@dragnldy wrote:
I don't know where you are, but I just faced a default judgement on my ex that was removed because of them not serving the papers correctly. He had to go to court to have the default removed, but having it removed gave him the stance to work out payment arrangements with the CA and defer another judgement. Might see what your laws are regarding the valid serving of summons.





Thanks dragnldy... I live in California and the judgement was filed in Orange County. I will call the court and see what kind of info they can give me. Did your ex have to get a lawyer to fight his judgement?

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Red1Blue
Super Contributor

Re: PFD a Judgement? Possible?



ChuckG wrote:
I have a debt with HSBC that I intend to pay back now that I'm employed once again. The debt is currently with a law firm and according my my credit report, they filed a judgement, (I never received the summons as I was out of the country), I didn't show up for court, and the judgement was found in their favor.

So now, I find myself in a position to be able to pay the $2579 that it's said that I owe them (Original debt was 1400, DOFD was 03/05). But I would love to have this judgement removed from my credit report if at all possible. I never received the summons so while I don't dispute the debt, I certainly do dispute the fact that I avoided my court date.

Any advice? Could I possibly contact the law firm and offer them a PFD letter with stipulations for both the judgement and the collection? Or do they even have that ability?

Thank you.

Yes, you can get the judgement removed. You have to get some thing called "motion for voluntary non suit" by creditor the court. Then judgement will be removed.
Message 6 of 8
dragnldy
Regular Contributor

Re: PFD a Judgement? Possible?

  No, he didn't get a lawyer.  Basically had to look up the info on when, where, and who supposedly signed for the papers and requested a motion to dismiss the default judgement in the court that the case was filed in.  Took all of about 20 minutes in court to have it dropped with the judge giving the parties a week to work out payment arrangements and file those with the court.  However, if he doesn't make the agreed upon payments, the judge said he will reinstate the judgement.
Ficos
3/7/08 TU-646 EQ-640 EX-650
3/17/09 TU-678 EQ 666
3/20/12 TU- 760 EQ 785
Util almost 0 and baddies all gone! now to gardening!
Message 7 of 8
ChuckG
Regular Contributor

Re: PFD a Judgement? Possible?



@dragnldy wrote:
No, he didn't get a lawyer. Basically had to look up the info on when, where, and who supposedly signed for the papers and requested a motion to dismiss the default judgement in the court that the case was filed in. Took all of about 20 minutes in court to have it dropped with the judge giving the parties a week to work out payment arrangements and file those with the court. However, if he doesn't make the agreed upon payments, the judge said he will reinstate the judgement.





That is great! I hope mine goes so easy. I will do some investigation and try that. Thanks again for the input!

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