Frozen Bank Account / Judgement, best way to handle?

[Anonymous]

I had an old debt that eventually led to my bank account being frozen.   The debt is from a state I don't live in anymore, and wasn't aware of the judgement until it was too late, I'm not sure how they attempted to notify me.  This is completely my fault, understood, but now I'm confused on best way of handling it.  

They froze my account, which had enough in it to cover the judgement amount.  I called the collection agency, asked them to just take the money and get on with it.  They told me that the money would be taken on 6/18.  

At that point I just chucked it up as a loss, and assumed that the money would be taken out.  I waited until 6/18 and checked back in on the account.  All of my funds are were available immediately, this is where I started getting confused.  What was the purpose of freezing my account just to not take anything from it, despite the amount being there and me taking no action to contest?

When the funds became available, I took everything out of the account as a precaution.  Now that I have my money in my possesion again, what is best way to handle this?  I have no problem paying off the debt.  I'd prefer to set up a plan and do it over a period of time, but if need be I could also go ahead and pay it off in one payment. I initially accepted them just taking the money from my account, but once it became available again things changed.

My main goal is to get the judgement removed.  What's best way (if possible) to get them to agree to remove the judgement if I agree to pay them?  I'm apprehensive about paying them, knowing that I'll be stuck with this judgement for a while, as it was just recently filed.  

How likely are they to settle?  I'm sure they are aware they can just go file another judgement and attempt to freeze my account or garnish my check.  I'm wondering if they'd rather just make a deal with me and settle it?  I've gotten companies to settle with me before, but not sure if this situation is quite the same considering the judgement / bank situation.

Thanks

[Anonymous]

It can sometimes take a few days for fund to be withdrawn electronically. Keep an eye on the account you may get a non sufficient fund fee if they try to collect. You already know they are trying to get money it's best to talk to them right away and get it over with.

[Anonymous]

I agree.  I've been checking the account constantly to make sure, and waited a day to withdraw.  If they end up trying to debit it from my account I'm prepared to deal with it and send the money back to cover the charge.

My HOPE is that with them not taking the money out, it opens the door me me to negotiate my way out of having the judgement on my record.

I'm going to call the bank and the agency within next 24 hours just trying to get my ducks in a row before.

[RonM21]

You can possibly settle it, but it won't be fully paid of course. Sometimes, when paid in full, you can try a goodwill letter for deletion. Or before that, try for a Pay For Delete. Judgements can be a bit different from regular collections though, so ymmv.

[Anonymous]

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@RM21 wrote:
You can possibly settle it, but it won't be fully paid of course. Sometimes, when paid in full, you can try a goodwill letter for deletion. Or before that, try for a Pay For Delete. Judgements can be a bit different from regular collections though, so ymmv.

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"You can possibly settle it, but it won't be fully paid of course??????

Goodwill attempts and PFD's do not apply to judgements. 

Judgements are in a class of their own and are very different from collections.....

OP, check out the rules in your State for the proper procedures in getting a judgement vacated once it is satisfied.

[Blackswizz750]

They may attempt to collect the judgement again in a later date if you don't pay it through garnishment of your wages. If they won, they can do that. Plus, you don't want a bank to hit you with fees and Mark your banking record.

[Anonymous]

Judgements are not reported by creditors or collectors they found from public records either by the CRA or a vendor they use to monitor those records. You can not negotiate the removal of a judgement. You would need to satisfy the judgement and then petition the court for vacature then it could be removed from the public record.

[Anonymous]

Is paying it enough to successfully get it vacated or nah?

[RobertEG]

The judgment creditor cannot simply contact the bank and freeze/attach your assets.

They need to have first obtained a "writ of satisfaction" of the judgment from the court that orders the attachment.

I would visit the office of the clerk of the court and review the case history for any issuance of a writ of satisfaction by the court that permiited their attempt to attach your assets.

In the interim, if you acknkowledge the debt, are you considereing simply paying to avoid any further issues?

As for credit report removal, no, payment of the debt is not basis for removal of the judgment.

You must first obtain a vacature of the judgment from the court.

Some states permit vacature based on satisfaction of the judgment, while others do not.

Check your state statute relating to vacture based on satisfaction of the debt.