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Default judgement from 2005 now has recent activity?

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rckstrscott
Valued Contributor

Default judgement from 2005 now has recent activity?

Hey everyone!

 

Been a long time; I have a question to the community...

 

I have a default judgment from 2005 for $8000.. It was a repo way back in 2000. 

 

It has never appeared on my credit report, and it probably won't.. But my concern is just got a letter from a collection company attempting to collect on it.. I know I can probably just send a cease and desist, but I checked in the court system and found this listed by the case:

 

10/29/2015Affidavit OF ASSIGNMENT OF JUDGEMENT FILED BY RONALD C XXXXX
10/29/2015Appearance Filed For ASSIGNEE VELOCITY INVESTMENTS LLC FILED BY
RONALD C XXXXXX
11/15/2005Affidavit of Kenneth XXXXXX
11/15/2005Affidavit of special process server
11/15/2005File Ordered Closed / Judgment
11/15/2005See Order Signed
11/15/2005AB - Default Judgment

 

New activity on this? Is this just the collection company attempting to establish ownership? I am not dipsuting this is mine, but they cannot sue me AGAIN on this can they? I am a little concerened merely because I have been pretty much re-established for the last two years and don't want something coming down the pipeline that can jack me...

 

Any guidance is apprecaited!!

Starting FICO Score: October 2010: TU 498 | EQ: 502
Current FICO Scores:: May 2022: TU: 784 | EQ: 770 | EX: 790
Message 1 of 14
13 REPLIES 13
RobertEG
Legendary Contributor

Re: Default judgement from 2005 now has recent activity?

If they have a judgment, they can simply get its period of enforceability extended by routine motion to the court.

They would not bring a new civil action on a matter already adjudicated by the court.

 

The new assignee may be contemplating seeking a writ of satisfaction, requesting a court order for speciic terms of payment, such as garnishement of pay.

The judgment is clearly active since the court recorded the assignment.

 

Additionally it could appear on your credit report at any time.

Judgments find their way into credit reports via private searches commissioned by the CRAs as a means to supplement their files.

The fact that prior public records searches did not uncover the judgment is no assurance that it wont now be picked up by a different search.

Message 2 of 14
rckstrscott
Valued Contributor

Re: Default judgement from 2005 now has recent activity?


@RobertEG wrote:

If they have a judgment, they can simply get its period of enforceability extended by routine motion to the court.

They would not bring a new civil action on a matter already adjudicated by the court.

 

The new assignee may be contemplating seeking a writ of satisfaction, requesting a court order for speciic terms of payment, such as garnishement of pay.

The judgment is clearly active since the court recorded the assignment.

 

Additionally it could appear on your credit report at any time.

Judgments find their way into credit reports via private searches commissioned by the CRAs as a means to supplement their files.

The fact that prior public records searches did not uncover the judgment is no assurance that it wont now be picked up by a different search.


Thanks Robert.. I have a couple questions on what is listed in RED

 

So the original judgment isn't with Velocity, it is with Mercury Finance Company; it is also 10 years old. Shouldn't this preclude it from hitting my credit report in most fashions? The DOFD is literally 1999 on the actual car loan, the judgement is from 2005 --- a 10 year old unsatisfied judgement can still appear on a credit report? I suppose that is what I wasn't sure about... I mean, the actual debt is from over 16 years ago....

 

PlaintiffMERCURY FINANCE CON/A
  • Attorney
KENNETH XXXX
XXXXXXXXXXXXXX
PALATINE, IL 60074-6580
 
DefendantSCOTT R SXXXXXXX
XXXXXXXXXXXXX
NAPERVILLE, IL

 

Secondly, I was never notified of this judgment ever, until this point. The summons was never presented to me, they didn't even have my address..

 

I have no issues attempting to work out this debt, but the original car loan was for 4995 and they are claiming I owe 18k -- Even the original judgement was only for 8k.

 

Nothing like a debt when I was 19 coming back now eh?

 

Thanks again!

Starting FICO Score: October 2010: TU 498 | EQ: 502
Current FICO Scores:: May 2022: TU: 784 | EQ: 770 | EX: 790
Message 3 of 14
Anonymous
Not applicable

Re: Default judgement from 2005 now has recent activity?

Judgements remain on your CR for 7 years from the date filed. I believe that excludes renewing the judgement. It should be from the time they initially received it, not the date the judge allowed them to extend it.

 

http://myfico.custhelp.com/app/answers/detail/a_id/14

Message 4 of 14
Anonymous
Not applicable

Re: Default judgement from 2005 now has recent activity?

As far as paying it, you're on the hook. IL has some terrible SOL laws - we run 20 years on judgements, if I'm not mistaken. The court docket you posted appears to be assigning it to a collection agency (I am not a lawyer), so the OC can get it off their books. They also get to charge you 8% APR on the judgement, as well as court costs and collection fees, which may explain why it ballooned from $5k to $18k. 

 

Also, I saw you stated you were never notified of the judgement. I don't believe IL requires personal service on civil financial matters. Because, y'know, it's IL and our government is cool like that. Smiley Sad

Message 5 of 14
rckstrscott
Valued Contributor

Re: Default judgement from 2005 now has recent activity?

Well.. The letter they sent me seems to indicates:

 

Current Owner is Velocity Investments

Original Creditor is Consumer Portfolio Services 

Original Account is: XXXXXXXXX

 

So apparently, someone ELSE purchased it from Mercury Finance? There is nothing on the judgment that indicates anything about that...  The only reason I knew what this was, is because on the top of the collection letter they put "Re: Mercury Finance CO vs Scott XXXXXX" -- That is how I knew it was my car repo from 2000. 

 

Mercury Finance went under in the 2000s, so they don't even exist anymore.. I don't even know where to being with this.. If the original creditor is no longer a company, what does that mean for the judgment? Should I hire an attorney to go after this whole situation?

 

This should be a lesson to all: 17 years after a debt exists, and 5 years after your credit repair process starts, you very well still might find ghosts :/

Starting FICO Score: October 2010: TU 498 | EQ: 502
Current FICO Scores:: May 2022: TU: 784 | EQ: 770 | EX: 790
Message 6 of 14
rckstrscott
Valued Contributor

Re: Default judgement from 2005 now has recent activity?

I feel like I am getting worked over on this a little. in 2004, the same attorney filed a motion on behalf of Mercury Finance... They issued a summons, and it went unserved. The judge dismissed the case... In 2005, they tried again.. I pulled the minutes from the case online:

 

Some things that make no sense to me are highlighted in RED - -- It states earlier in the case I had an attorney present.... Then later, the SAME attorney is listed as the plaintiff....... something feels so fishy about this all... I mean maybe there is nothing I can do but I would at least like to have a game plan.. haha

 

10/29/2015Affidavit OF ASSIGNMENT OF JUDGEMENT FILED BY RONALD C XXXXXX
10/29/2015Appearance Filed For ASSIGNEE VELOCITY INVESTMENTS LLC FILED BY
RONALD C XXXXX
11/15/2005Affidavit of Kenneth Drost
11/15/2005Affidavit of special process server
11/15/2005File Ordered Closed / Judgment
11/15/2005See Order Signed
11/15/2005AB - Default Judgment
Case called pursuant to return date of summons. Plaintiff by
Attorney, Karen LXXXX. Due proof of service on defendant/s.
Defendant/s fail to appear. Default judgment is granted in favor
of the Plaintiff and against the Defendant/s. Proofs presented,
judgment is entered in the amount of $8,695.73 plus costs $338.49,
plus attorney fees in the amount of $1,158.50.
10/14/2005Alias Summons Issued (Copy Filed)
10/14/2005Alias Summons
10/11/2005SEE ORDER SIGNED
10/11/2005SC - Alias Summons
Plaintiff present by Attorney DXXXXX. FINAL alias summons is
ordered issued returnable 11/15/2005 �at 01:30 PM.
08/22/2005SEE ORDER SIGNED
08/22/2005AB - Cause set for Status
Case comes on for status and setting. Plaintiff by Attorney DXXXXX.
Defendant is not present. Cause continued for further status on
location to 10/11/2005 at 01:30 PM.
07/18/2005SEE ORDER SIGNED
07/18/2005SC - Alias Summons
Plaintiff present by Attorney DXXXXX Alias summons is ordered
issued returnable 8/22/2005 �at 01:30 PM.
06/02/2005SEE ORDER SIGNED
06/02/2005AB - Cause set for Status
Case comes on for status and setting. Plaintiff by Attorney DXXXX
Defendant by Attorney LXXXX Cause continued for further status
and setting to 7/18/2005 at 01:30 PM.
05/05/2005Alias Summons
04/28/2005SUMMONS RETURNED UNSERVED
04/28/2005SEE ORDER SIGNED
04/28/2005SC - Alias Summons
Plaintiff present by Attorney DXXXX. Alias summons is ordered
issued returnable 6/02/2005 �at 01:30 PM.
03/28/2005EXHIBIT 6 PAGES
03/28/2005SUMMONS ISSUED
03/28/2005COMPLAINT FOR JUDGMENT
03/28/2005Arb $5,000.01 - $15000. Amt 8,695.73
Starting FICO Score: October 2010: TU 498 | EQ: 502
Current FICO Scores:: May 2022: TU: 784 | EQ: 770 | EX: 790
Message 7 of 14
Anonymous
Not applicable

Re: Default judgement from 2005 now has recent activity?


@rckstrscott wrote:

Well.. The letter they sent me seems to indicates:

 

Current Owner is Velocity Investments

Original Creditor is Consumer Portfolio Services 

Original Account is: XXXXXXXXX

 

So apparently, someone ELSE purchased it from Mercury Finance? There is nothing on the judgment that indicates anything about that...  The only reason I knew what this was, is because on the top of the collection letter they put "Re: Mercury Finance CO vs Scott XXXXXX" -- That is how I knew it was my car repo from 2000. 

 

Mercury Finance went under in the 2000s, so they don't even exist anymore.. I don't even know where to being with this.. If the original creditor is no longer a company, what does that mean for the judgment? Should I hire an attorney to go after this whole situation?

 

This should be a lesson to all: 17 years after a debt exists, and 5 years after your credit repair process starts, you very well still might find ghosts :/


This one is difficult to judge. Worse case scenario is they pursue it vigorously, seeking property liens and wage garnishments. Best case scenario - you continue to fly "under the radar" until they abandon the claim. If you're going to try the latter, make sure your current employer is not listed on your reports, don't bank where you have credit accounts, and don't bank at any of the big monster banks. Savings and checking accounts should be in small banks or CU's that are not local but have an online presence - think SDFCU, NASAFCU, etc.

OTOH, you could reach out to them with a settlement offer.

Personally, I would do the defensive measures then reach out with a settlement offer.

Message 8 of 14
rckstrscott
Valued Contributor

Re: Default judgement from 2005 now has recent activity?


@Anonymous wrote:

@rckstrscott wrote:

Well.. The letter they sent me seems to indicates:

 

Current Owner is Velocity Investments

Original Creditor is Consumer Portfolio Services 

Original Account is: XXXXXXXXX

 

So apparently, someone ELSE purchased it from Mercury Finance? There is nothing on the judgment that indicates anything about that...  The only reason I knew what this was, is because on the top of the collection letter they put "Re: Mercury Finance CO vs Scott XXXXXX" -- That is how I knew it was my car repo from 2000. 

 

Mercury Finance went under in the 2000s, so they don't even exist anymore.. I don't even know where to being with this.. If the original creditor is no longer a company, what does that mean for the judgment? Should I hire an attorney to go after this whole situation?

 

This should be a lesson to all: 17 years after a debt exists, and 5 years after your credit repair process starts, you very well still might find ghosts :/


This one is difficult to judge. Worse case scenario is they pursue it vigorously, seeking property liens and wage garnishments. Best case scenario - you continue to fly "under the radar" until they abandon the claim. If you're going to try the latter, make sure your current employer is not listed on your reports, don't bank where you have credit accounts, and don't bank at any of the big monster banks. Savings and checking accounts should be in small banks or CU's that are not local but have an online presence - think SDFCU, NASAFCU, etc.

OTOH, you could reach out to them with a settlement offer.

Personally, I would do the defensive measures then reach out with a settlement offer.


Thanks for the advice! I am definitely not new to this game, I am just pretty emotional about this one in general.. there is so much about this that feels off... like, the address they had for me doesn't even EXIST in Naperville illinois..... the first one they had on the case that was dismissed was my actual address...

 

The two attorneys listed on the case, one as the 'defendant' attorney and the plaintiff attorney are in the same office building.... And since I never even know about this I have no idea how there could even be a defendant attorney....

 

For those who think I am just looking for someone to 'tell me what I want to hear' and avoid paying, if you looked at my previous posts you would see I have PAID over 10K in debts to settle them legally. I am not looking to beat the system. I am geniunely confused, upset, and lost on this...

 

-scott

Starting FICO Score: October 2010: TU 498 | EQ: 502
Current FICO Scores:: May 2022: TU: 784 | EQ: 770 | EX: 790
Message 9 of 14
Anonymous
Not applicable

Re: Default judgement from 2005 now has recent activity?


@rckstrscott wrote:

@Anonymous wrote:

@rckstrscott wrote:

Well.. The letter they sent me seems to indicates:

 

Current Owner is Velocity Investments

Original Creditor is Consumer Portfolio Services 

Original Account is: XXXXXXXXX

 

So apparently, someone ELSE purchased it from Mercury Finance? There is nothing on the judgment that indicates anything about that...  The only reason I knew what this was, is because on the top of the collection letter they put "Re: Mercury Finance CO vs Scott XXXXXX" -- That is how I knew it was my car repo from 2000. 

 

Mercury Finance went under in the 2000s, so they don't even exist anymore.. I don't even know where to being with this.. If the original creditor is no longer a company, what does that mean for the judgment? Should I hire an attorney to go after this whole situation?

 

This should be a lesson to all: 17 years after a debt exists, and 5 years after your credit repair process starts, you very well still might find ghosts :/


This one is difficult to judge. Worse case scenario is they pursue it vigorously, seeking property liens and wage garnishments. Best case scenario - you continue to fly "under the radar" until they abandon the claim. If you're going to try the latter, make sure your current employer is not listed on your reports, don't bank where you have credit accounts, and don't bank at any of the big monster banks. Savings and checking accounts should be in small banks or CU's that are not local but have an online presence - think SDFCU, NASAFCU, etc.

OTOH, you could reach out to them with a settlement offer.

Personally, I would do the defensive measures then reach out with a settlement offer.


Thanks for the advice! I am definitely not new to this game, I am just pretty emotional about this one in general.. there is so much about this that feels off... like, the address they had for me doesn't even EXIST in Naperville illinois..... the first one they had on the case that was dismissed was my actual address...

 

The two attorneys listed on the case, one as the 'defendant' attorney and the plaintiff attorney are in the same office building.... And since I never even know about this I have no idea how there could even be a defendant attorney....

 

For those who think I am just looking for someone to 'tell me what I want to hear' and avoid paying, if you looked at my previous posts you would see I have PAID over 10K in debts to settle them legally. I am not looking to beat the system. I am geniunely confused, upset, and lost on this...

 

-scott


Yeah, the attorney thing is quite odd, I don't know what to make of that either. With so much time passing though, its not likely you could get it looked at by the court, but you might consult a local attorney and get some advice. Get a consult and ask how the same attoney could be involved on your side without your knowledge and then "switch sides" in the middle of the game.

Message 10 of 14
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