Triangle with CA OC and Attorney - HELP!

[azsassycat]

DH has a judgement from an apartment complex.  Facts below:

1.  The apartment complex hired an attorney to file judgement.

2.  Judgment granted 01/19/06 for $1,750.

3.  DH moves out of apartment complex 01/31/06.

4.  CA opened account in April 2006 for $3,420.  This amount appears to be correct based on billings - DH had to pay a break-lease fee, all his concessions, and an extra months rent; sure adds up. 

5.  Judgement reported on EX and on TU.  Collection reported on EX.

6.  The court clerk said the attorney could "set aside and dismiss" the judgement - however, the attorney's office won't talk to me - they will only talk to the apartment complex.

7.  The apartment complex position is that "I have to pay the CA."  They won't accept payment once an account has been turned over to collections.  They also don't "understand" why I want the judgement dismissed and/or why they would need to talk to the attorney.  Also said they wouldn't be able to give me anything in writing until AFTER I paid - yeah right.

8.  I would send a PFD to the CA, but I don't know how that would affect the judgement - I don't want it "satisified", I'd like it dismissed.

9.  Also, the court clerk said the attorney could "set aside and dismiss" the two paid judgements my DH has from the same apartment complex (he paid his rent really late).

I'd love to pay this and have all three judgements and the collection account disappear.  Any idea who to talk to and how to plead my case?

Thanks-

Cathleen

[azsassycat]

Bump

[Anonymous]

don't call the attorney or CA or complex...

letter to attorney requesting  that for payment in full he will vacate/non-suit the judgement (modify a PFD to reflect intentions) Same time a PFD to the CA - same terms basically asking them if paid to instruct their attorney to vacate the judgement and that they will delete  Don't use non-suit/vacate in your letters - use plain english and rely on making them want to help you - combine a GW into a PFD.

Message Edited by Lady_Scarlet on 02-06-2008 02:47 PM

[azsassycat]

Scarlet - how do I word "set-aside/vacate/dismiss" in more layman's terms while still getting the point accross that I want this judgement GONE - not just satisified.  Here's what I have so far, please let me know what you think.  Thanks-Cathleen

***SENT VIA CERTIFIED MAIL***

Certified Mail No.  12341234123412341234

Re:       Case Numbers #: XXXXXX-XXXXXXX, XXXXXX-XXXXXXX, & XXXXXX-XXXXXXX

Balance Amount: $1,750.00

To Whom It May Concern:

I am writing to see if you would be willing to make a "goodwill" adjustment to my account.  I am in the business of insurance and my pay-structure is commission only.  During late 2005 and early 2006 I had just started working for a new company and lost all my previous clients with my past employer due to a non-compete agreement.  It took me a few months to get back on my feet financially.  Because of my extenuating circumstances, I would like you to consider removing the three judgments from my record.  The judgments were due to late rent payments.  I was unaware that these judgments existed until I pulled my credit reports earlier this year.  I hope that your office is willing to work with me on erasing this mark from my credit reports and public records.

This letter is an offer to amicably settle the above account.  The purpose of this offer is merely to have this item removed from my credit files and is not to be construed as an acknowledgment of liability for this debt in any form.  The validity of this debt is disputed.

I am willing to pay the amount of one-thousand seven-hundred fifty and 00/100 dollars ($1,750.00) as full payment of this account if you agree to immediate deletion of this account from any and all credit reporting agencies (Equifax, Experian and TransUnion).

If you agree to the terms and accept this agreement, certified funds for the amount of one-thousand seven-hundred fifty and 00/100 dollars ($1,750.00) will be sent to Attorney PLC in exchange for full deletion of ALL references regarding this account from my credit files and full satisfaction of the debt.  As certified funds will be used for payment, there shall be no waiting period regarding the deletion of this account from the credit reporting agencies.

Attorney PLC agrees to delete ALL information regarding this account from the credit reporting agencies WITHIN TEN (10) CALENDAR DAYS following receipt of payment as specified above and will not discuss the terms of this settlement with anyone, excluding your client on this account.  If contacted by any third party, including credit-reporting agencies, Attorney PLC will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account.

If you agree to the above terms, please prepare a letter on your company letterhead explicitly agreeing to the same terms as the above settlement offer and have it signed by an authorized representative of Attorney PLC. It will be implied that this letter shall constitute a legally binding contract, enforceable under the laws of my state.  Upon receipt of this signed acknowledgment, I will promptly send certified funds in the amount stated above.

Notice: This agreement is restricted.  This is not a renewed promise to pay, but rather a restricted settlement offer only. Your response must be postmarked no later than fifteen (15) days from your receipt of this settlement offer or this offer will be withdrawn and I will request full validation of this alleged debt, as provided for by the Fair Debt Collection Practices Act and you will agree that the debt has not been renewed nor have any concrete written agreements been exchanged. 

I hope that you will deeply consider my request and I forward to your reply.  Please address all correspondence regarding this account to:

Azsassycat's DH

123 S Anystreet St

Anytown AZ 12345

[Anonymous]

After this paragraph, I would get a bit contrite and also sappy:

I am writing to see if you would be willing to make a "goodwill" adjustment to my account.  I am in the business of insurance and my pay-structure is commission only.  During late 2005 and early 2006 I had just started working for a new company and lost all my previous clients with my past employer due to a non-compete agreement.  It took me a few months to get back on my feet financially.  Because of my extenuating circumstances, I would like you to consider removing the three judgments from my record.  The judgments were due to late rent payments.  I was unaware that these judgments existed until I pulled my credit reports earlier this year.  I hope that your office is willing to work with me on erasing this mark from my credit reports and public records.

I understand the impact to the apartment complex at the time of default.  I learned a very valuable lesson which is to have savings that will carry me through times like this.  ### years after the fact, I am attempting to provide a stable and secure life for my family and these items are a huge detriment to being able to do that.  I understand that what I am asking is very unusual, but I beleive that my woffer of payment shows my sincerity and the progress I have made in handling financial   responsibilities.  BLAH, BLAH, BLAH