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Good evening all. Got a situation I'd like to get y'alls opinion on what y'all would do in my situation.
Went to school back in 2007 until last year, so lack of income, couldn't keep up with cards. Long story short, recently, while looking through my reports, I found a judgment that I didn't know of. I wasn't even in the country at the time, due to going to vet school in the Caribbean. Now I am in a better position and really trying to get that mess behind me. Would like to buy a house late 2018.
On all 3 accounts: Cap One - Past due balance $1669 FDoD is 7/2010
Judgement - Equifax ONLY - $1371 (Capital One is the Plantiff) 5/2011
Here are my thoughts:
1. Let everything fall off in 7/2017 and 5/2018 prespectively at this point.
2. Proceed to get the Judgement vacated via the courthouse, due to not properly served and then deal with Cap One afterwards. (I am going to call the courthouse ASAP and find out who signed off on the summons)
3. Email Cap One CEO, offer $600 for DFP, Vacate the Judgment, note that I was not properly served and can vacate the judgement anyway, but we could skip all the courthouse BS and be done with it. (OR, should I save up for the full $1371 and offer then, I refuse to pay the interest beyond that, I will fight to vacate prior to that)
Do y'all think they would go for #3 due to the age of the account. I don't see anywhere that they sent the account to collections, they sued me on their own, it looks like. So, I'm assuming they still own the debt.
Thoughts? Other ideas I hadn't thought of? As always, thank you for y'alls help. Wish I had found this site a year ago!
You need to go to the courthouse and reviw the case file.
In most jurisdictions, if personal service has failed, there are alternate acceptable means of fulfilling notice requirment, such as publication in a local newspaper.
Just because you did not physically accept serive does not mean it was improper.
Additionally, many states place time periods on how long after a party becomes aware of any impropriety in a judgment any motion to vacate must be filed.
It would be prudent to consult and attorney regarding any assertions of improper service as a grounds for requiring vacature.
Preliminary review of the court record would be helpful information in any such consultation, so a trip to the courthouse would likely be worth the time.
So, I've been thinking about it today and I've decided I want that judgement gone, yesterday. I really want to clean up my reports. What would be the quickest way to do this? I'm guessing I would need to speak with Cap One directly? Does anyone have experience negotiating with Cap One? I was going to try and see if we could split the difference, ie: $600. Or should I save up and pay the $1371? Would I have more leverage with the full amount over trying negotiate for a lower amount? Would there be any harm in asking? Thoughts?
I would recommend first doing your own independent review of the case file with the court to determine if there is an actual judgment, and if so, how the case file shows service of notice to the defendant.
You need to know the real facts before contacting the judgment creditor.
I agree with Robert. Get qualified legal advice from a member of the bar.
That being said you want to vacate the judgement as quickly as possible and have it removed from your files quickly
One major factor against you is age of this case (2011) Alot of juridictions were not fully computerised back then so you stand a good chance your physical file is not in the courthoue but is in storage somewhere. You will have to go to the courthoue possibly pay a reactivstion fee, and then wait up to 30 days for the clerks office to even find your file. Then depending on your jurisdiction, you will file a notice to vacate. You might have to wait another month just to get the hearing date. Then you will have to mail copies to opposing council .................. The point Im trying to make is that the legal process for you can easily be 6 months or more. If you are willing to PFD start low and work your way up to PIF if you have to, But again, do what Robert said and seek legal assistance