05-01-2013 01:09 PM
I am so unbelieveably upset right now. I just received a notification from myfico stating a new public filing has showed up on my reports. As soon as I saw that notification my heart broke. I have been actively working to clean up mine and my husband's credit after a vert tough 2007 and 2008. We are finally at the point where new credit has been granted and our scores are flucuating between 640 and 650 which is a definite improvement. We still have more work to do but I had confidence that soon we would be back to our scores prior to 2007. GUESS NOT...
So here's what happened...
I have worked with Pressler and Pressler in NJ for a while now... They have had 4 Midland accounts of mine that I have all since paid. Currently I am working with them on 2 others and am on a payment plan - no problem. Well last month I get a letter for the last outstanding midland account and I log on to P&P website and make a payment arrangement. One that I have done many times before... I paid my first payment and moved on with my life. A few weeks later I get a letter in the mail from P&P stating they are suing me because I didn't respond. I called and spoke to someone who was a real piece of work. I repeated several times that I didn't want this affecting my credit report because I was working hard to clean it up. I told him I wrote to them and made a payment plan AND made my first payment. I told him we needed to fix this and repeated over and over that this couldn't affect my credit report. He told me they got my payment plan suggestion and that they called me but left no message. Then he told they sent a letter and asked that I call them but I never did (mind you only a few weeks pasted between my payment plan email and my call to them). I told him that I had been dealing with P&P for years now and I have ALWAYS kept in touch and kept my promises. I am NOT running from my debt. I am trying to pay it all off. He said OK then I will send you some paperwork to fill out pretty much stating that if you don't pay us we can garnish your wages. I said OK but will it affect my credit. I remember P&P sent me paperwork like this in the past and it never did but I need to make sure this one doesn't. He said P&P doesn't report and this is just to close the judgement. So I said, OK send me the paperwork and I will sign it and send back to you. STUPID ME trusted this SOB and signed it all
and sent it back. Well I call P&P today and speak to a manager who pretty much tells me that the person I spoke to didn't lie they don't report to CA however because of the type of judgement I signed it was reported as a public filing and there is NOTHING they can do about it because I signed the documentation. He tells me I should have read the paperwork before signing. I said I DID however I have been doing business with P&P for years now and have never had any issues so I trusted you, STUPID ME. Then he tells me well, there is nothing we can do now..... GREAT, thanks for nothing...
I am really so upset about this. I did it to myself. I ruined all the work I have done for months in one moment. How are these companies able to do this???? I wish to God I had $2506.00 right now to pay this one off. The other 2 are fine but this one at least if it's going to show as a judgement on 5/1 it wouldn't be so bad if it showed PAID on the same date. I have a WellsFargo card with $2K CL - I am sure they will reduce or cancel as soon as they get my new fico score.
Is there really nothing else I can do to get this removed?
My heart is broken...
Thanks for reading...
05-01-2013 01:16 PM
There are a lot of success stories in this forum of people able to have a judgment deleted once it has been satisfied or paid off. You might take a hit in score today from this, but once it is paid and judgement is report to court as satisfied you can work on having it vacated. Don't give up and don't let it get you down too much...
05-01-2013 01:20 PM
I know your right and I have read about it all (I spend wayyy too much time on these boards) but my goodness is this like a kick in the gutt!
The worst part is that my daughter starts college in Sept and the reason I have been working so hard to clean everything up is because we want to be able to cosign for her, with this, it probably won't happen. I am hoping that the silver lining will be that the hit to the score won't be THAT bad but I know it's wishful thinking.
Thanks again... keeping my chin up.
05-01-2013 02:03 PM
Did P&P obtain an actual judgment against you in court for the debt? Where you served a notice to appear?
I'm dealing with another lawyer/collection firm for one of my partner's accounts-he received a notice from them concerning unpaid MVC surcharges and called to set up a payment plan after speaking with the MVC to see if they would recall or set up a payment plan which they said no to. So he called them, stated his name and the debt he was calling about and negotiated a payment agreement and we sent out a payment. A few days later I get a written payment agreement from them placing the arrangement on an entirely different account they have. So shady! I told him not to sign because it basically would prohibit him from taking it to court or any other action-figured the damage is already done so we will pay and not sign.
You can check to see if you have a judgment against you for the debt by running your name through NJ ACMS http://njcourts.judiciary.state.nj.us/web1/ACMSPA/. Once you get into the page enter the captcha code and then on the "Search by Name" enter your last and first names and click on the "Party Search" link. A list of records will be returned and you can select the specific one that you think might be yours and then click the "Party Detail" button which will give you a few details. If the "Party Status" field shows a "D" in it, it is a default judgment which you can file a motion to vacate if you were not served. Keep in mind they can refile but you negotiate an agreement before they refile to keep you out of court.
05-01-2013 02:35 PM
Do you have a copy of the paperwork you signed?
It sounds like you signed a Consent Judgment which means you agreed to the judgment and the amount.
It is a dirty trick that CA's are fond of doing. You might be able to get them to vacate the judgment in exchange for a negotiated payment. It is worth trying. In order to vacate it, there has to be a signed order by the CA that obtained the judgment.
05-01-2013 05:32 PM
Party Status is "S" - what does that mean?
Yes I have a copy of the paperwork and it's definitely a consent judgement.
I hate that they did this and I didn't realize it! I have worked with them many times and took it for granted. They screwed me.
05-01-2013 06:15 PM
I don't have any experience in judgements, but I felt real bad after reading your thread and just wanted to say I'm praying for you guys. Keep your head up and keep plugging away. Companies like that are trained to figure out what gets the best reaction to get money quicker. Seems they found it in your concern about the credit scores. So, maybe once it is satisfied, you can work on getting it removed. Good luck
“Beware of little expenses. A small leak will sink a great ship” – Benjamin Franklin
Gardening since 3-26-15
05-01-2013 06:26 PM - edited 05-01-2013 06:26 PM
I don't know. He told me to fill it out asap and mail back. Since I had worked with them in the past I didn't think anything of it and just sent it back immediately.
They sent me copy of the filing but I just put it with the rest of the paperwork because I knew I was on a payment plan. Hate them. I am thinking of filing a BBB complaint on it but first I need to figure out where to get 2500 bucks asap and pay this thing so at least the judgement will show paid. Midland is also reporting on my CR however
they were actually helping me because they are reporting my payments monthly so it shows the amounts going down. Hate them.
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