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Regular Contributor
aot2009
Posts: 176
Registered: ‎02-08-2010
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Re: How to resolve a judgement?


bruiseviolet wrote:

wardo wrote:

Thanks for the replies.  Sorry but I'm having trouble understanding what you guys are saying.

 

All I know is I need this judgement off my report.  It was legit so I don't think it can be removed for any other reason than me paying it off.  But I think paying it off will actually renew activity on it and make it show up for another 7 years instead of another 4.

 

I'm looking for advice on getting it paid, settled and cleared.


How do you know it's "legit"?  Did the original creditor sue you?  Were you properly served the paperwork?  are they within the statue of limitations of your state to collect the debt?  Is it a collection agency?  Can they prove that you owe THEM the debt?  Are they liscensed to collect in your state?

 

Don't just assume it's "Legit".  If you want it off your report- you need to try adn fight it - which is where you need to find something WRONG that you can prove you don't legally owe them the debt.

 

If you just want it gone (which is what I am gathering)-  then your best bet- is to contact the Plaintiff- and offer to pay the full amount or a settlement amount if they agree to mark it as satisfied (that pertains to a settlement offer).  It will go on record as Satisfied-  it will still appear on your credit report- but will show that you paid it and satisfied the judgement.

 


SOL is moot because he already has a judgement.  

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wardo
Posts: 9
Registered: ‎03-30-2012
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Re: How to resolve a judgement?

If I pay it, I can't vacate it?  I thought there was some type of payment for removal agreement that could be made.  I was hoping anyway.


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wardo
Posts: 9
Registered: ‎03-30-2012
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Re: How to resolve a judgement?

I was out of state when it was served.  Maybe somehow that will work in my favor.  I remember getting some stuff in the mail, but I didn't understand it or know what to do with it.  At the time I had nothing to work with, so there was nothing I could do to pay it unless I borrowed the money.  But by then, there was already court papers served.  I didn't think it would have such serious repercussions either :smileysad:

I would have found a way to fix it if I had any idea


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bruiseviolet
Posts: 416
Registered: ‎03-08-2011
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Re: How to resolve a judgement?


wardo wrote:

If I pay it, I can't vacate it?  I thought there was some type of payment for removal agreement that could be made.  I was hoping anyway.


Probably not.  Once it's paid- it will remain on your credit report- however it will show "Satisfied"  So if you ever go get a loan/mortgage they will see the judgement, but will see that it has been paid and is "satisfied".  Paying it won't bring up your score.

 

If there are legit reasons, you can have it vacated- but I say that's near impossible, if the judgement has already been paid.  

 

The only other thing to do- is to pay it- and then try and dispute it with the credit reporting agencies to get them to remove it.  I've had success doing that.  However I caution doing this- if you are in the market to get a house, because (1) they will pull public records and see it, and you will still need to pay it.  (2)  A judgement is a judgement, so even if it's not appearing on your credit reports- it's still there and they can still garnish wages/taxes/paychecks/bank accounts etc.

 

Now, if you are like, and only plans for right now are looking for a car- it makes sense to just have them off your credit reports while I work out a payment plan for the one, and finish fighting the other one that is bogus on my reports.  

►START March 2011 (FICO) EQ: 537 • EX: 551 • TU: 574 | 3 Collections | 34 Medical Collections | 2 Judgements | 1 Paid Collection | 11 name/address variations
►January 2012 (FICO) EQ: 564 • EX: 643 • TU: 576 | 1 Collection | 18 Medical Collections | 1 Judgement | 0 Paid Collections | 0 name/address variations
►February 2012 EQ:??? • EX:??? • TU: 580 | 0 Collections | 17 Medical Collections | 1 judgement | 0 Paid Collections | 0 name/address variations
►March 2012 EQ: 550 =(
Regular Contributor
aot2009
Posts: 176
Registered: ‎02-08-2010
0

Re: How to resolve a judgement?


wardo wrote:

If I pay it, I can't vacate it?  I thought there was some type of payment for removal agreement that could be made.  I was hoping anyway.


Your thinking of a pay for delete. You could attempt to ask the original lawyer if you paid it that they would vacate the suit but I'd get everything in writing first.

You could also google how to vacate it yourself but be prepared that they will most likely file the suit again against you and you will have to pay it before going to court or hire an attorney.

New Member
wardo
Posts: 9
Registered: ‎03-30-2012
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Re: How to resolve a judgement?

Yeah, pay for delete, that's what I meant.  Are there instructions for this process?  A success ratio?

I signed up with Lexington about a week ago.  I thought they could do this for me, but I think they might be trying validation methods first.  

I told them I wanted to try a pay for delete if that will have the most positive results.  They just got started on my case, so I'm not sure what they've done so far.


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Regular Contributor
aot2009
Posts: 176
Registered: ‎02-08-2010
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Re: How to resolve a judgement?

Anything they do you can do. I seen letters they sent years ago for me because they put in improper address's and it came back to me in the mail. I almost fell on the floor when I seen what they wrote. 

 

Dear XYZ,

     I request that you remove the following account 12345. Because it is not mine.

    Thank you.

 

 

How in the world did they think that was going to work with the original creditor?

These people could flag your credit report for fraud...be careful your better off saving your money and paying the judgement. Then work on your credit sending letters yourself.

Frequent Contributor
bruiseviolet
Posts: 416
Registered: ‎03-08-2011
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Re: How to resolve a judgement?


wardo wrote:

Yeah, pay for delete, that's what I meant.  Are there instructions for this process?  A success ratio?

I signed up with Lexington about a week ago.  I thought they could do this for me, but I think they might be trying validation methods first.  

I told them I wanted to try a pay for delete if that will have the most positive results.  They just got started on my case, so I'm not sure what they've done so far.


VERY GOOD Success.  You actually have a better success rate and will save a ton of money- doing things yourself, but everyone needs to do what works best for them.

PFD is super easy... there are tons of examples on the forum.   Basic gist is to get in writing- that they will delete if you pay/settle.

 

So as long as you have saomething explaining that you are able to pay (in full or a percentage) BUT that you can only pay right noiw if they will delete it from your credit reports with all 3 agencies.

 

 

►START March 2011 (FICO) EQ: 537 • EX: 551 • TU: 574 | 3 Collections | 34 Medical Collections | 2 Judgements | 1 Paid Collection | 11 name/address variations
►January 2012 (FICO) EQ: 564 • EX: 643 • TU: 576 | 1 Collection | 18 Medical Collections | 1 Judgement | 0 Paid Collections | 0 name/address variations
►February 2012 EQ:??? • EX:??? • TU: 580 | 0 Collections | 17 Medical Collections | 1 judgement | 0 Paid Collections | 0 name/address variations
►March 2012 EQ: 550 =(
New Contributor
Myriad
Posts: 74
Registered: ‎02-04-2009
0

Re: How to resolve a judgment?

PFDs work well when dealing with OCs and CAs because they deal with fairly broad laws and the government isn't involved directly with the reporting, but dealing with judgments is a whole different animal. Judgments and how they are handled are generally spelled out in the state statutes and vary from state to state. What works for someone in one state may cause you problems in the state where your judgment is on record. Remember, a judge made a ruling when issuing the judgment and attempts to circumvent it may have repercussions unless the state statutes allow you to do it.

 

The best advice I can offer is to look up the state law for where the judgment is on file and read the parts about satisfying judgments, payments, and possibly dismissal/vacate if it is written in there. If you are having a hard time deciphering the legalese (which in and of itself can be a nightmare) then you should speak to an attorney about any possible actions you can take to resolve it. When I was getting a couple of judgments cleared up I worked with an attorney to make sure I wasn't making my situation worse. The only reason my 2 paid judgments were vacated was because the laws in that state specifically stated it could be done. There is no phone representative or office manager deciding the fate of those items, it's a judge interpreting the letter of the law of his/her state.

 

The above is not legal advice as I am not an attorney, just sharing information I picked up along the way while rebuilding my credit.


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