Judgement Question

Anonymous · ‎12-26-2009

I have one Judgement my Transunion and Experian that says "Date Filed 6/07" at the 50th District Court in Oakland County, MI, by Midland Funding. The amount is for $3,528.00 which is a lot of money and now that I looked at the date I am upset that this is even on there since I formally changed my address.

Since I have documented proof that I relocated to Chicago, IL in early January of 2007 does that have any merit for me to get this removed if I was never summoned?

I have no idea what this is for and would have certainly appeared in court if summoned but I never was.

My plan Monday is to contact the Court but my question to the forum is if I never received notice of the original account and did not receive notice can Midland Funding keep this on my record?

What should I do with this?

Thanks everyone!

Red1Blue · ‎12-26-2009

You might want to check with an atty who is familiar with your local laws where the judgement is filed. I am not sure about your case, but definitely jugement can be removed from your CR if done right. I had 3 judgements removed from all 3 CR's after making a deal with the creditors atty. Good Luck.

Anonymous · ‎12-27-2009

@Anonymous wrote:
I have one Judgement my Transunion and Experian that says "Date Filed 6/07" at the 50th District Court in Oakland County, MI, by Midland Funding. The amount is for $3,528.00 which is a lot of money and now that I looked at the date I am upset that this is even on there since I formally changed my address.

Since I have documented proof that I relocated to Chicago, IL in early January of 2007 does that have any merit for me to get this removed if I was never summoned?

I have no idea what this is for and would have certainly appeared in court if summoned but I never was.

My plan Monday is to contact the Court but my question to the forum is if I never received notice of the original account and did not receive notice can Midland Funding keep this on my record?

What should I do with this?

Thanks everyone!

If you feel you were not properly served, you should get a copy of the file from the court clerk and see. If not properly served, you have a chance of getting the judgment vacated.

It isn't Midland Funding who is keeping this on your record. Unless vacated, the judgment should remain on your credit report for the maximum time allowed under the law.

honeybunnygal · ‎12-27-2009

Hi Shaunwave & welcome to the forums!

I would first suggest pulling the court file to see what was entered. I recently had a judgement vacated due to improper service. I know what the debt was for & am now working on an agreement with the OC (via attorney) to settle. When I originally began my credit repair journey I pulled my court file to see how/when I was served (since I couldn't remember, the judgement was entered in 2004). When I pulled my record I saw that no one in my household had been served.

Check your court file to see if/how you were served as well as what the debt is for. Since you're in a different state you may need to obtain a lawyer to do so. Also, if you weren't a resident at the time of service, that might give cause to have the judgement vacated (again, I say check with an attorney).With a judgement entered against you, the creditor has the legal power to garnish your wages & freeze your accounts. Usually getting the judgement vacated requires going before the judge.

Also, you'd need to know if you fall within the SOL for the debt (if it turns out to be yours).

Good luck!

Hard work & patience can go a long way!
8/2009 (myFICO): TU - 599, EQ - 656
7/23/2010 (LO pull): TU - 738, EQ - 801, EX - 785
4/12/2012 (myFICO): TU -778, EQ - 791

Anonymous · ‎12-27-2009

Thank you everyone for responding I really appreciate it.

I will follow your advice and will report back on my progress.

Happy New Year!

Anonymous · ‎12-27-2009

One more quick question what type of Attorney would I seek to handle this and would I find one in Chicago or MI to get this moving if I had to handle this in Pontiac, MI while I live in Chicago?

Thanks!

Anonymous · ‎12-27-2009

@Anonymous wrote:
One more quick question what type of Attorney would I seek to handle this and would I find one in Chicago or MI to get this moving if I had to handle this in Pontiac, MI while I live in Chicago?

Thanks!

You do not need an attorney simply to obtain a copy of the files. Simply phone the court clerk and ask them how much it will cost -- there's usually a flat fee per page -- and they will tell you how much and where to mail your check.

Once you get the files, look for the affidavit of service to see who, when and where you were supposedly served.

Anonymous · ‎01-01-2010

@Red1Blue wrote:
You might want to check with an atty who is familiar with your local laws where the judgement is filed. I am not sure about your case, but definitely jugement can be removed from your CR if done right. I had 3 judgements removed from all 3 CR's after making a deal with the creditors atty. Good Luck.

what kind of deal u made.....i have one judgement.