10-19-2012 09:13 AM
Was paying an old capital one judgement against me to a law office, call to make a payment and they say they no longer handle it and call new company.
Does this give me any more ground to negotiate a settlement etc etc?
10-19-2012 09:43 AM
You can always try to negotiate a lower settlement, this doesnt give you more grounds for it, but its worth a shot to see if the new place will accept your offer. Remember you also want to have it vacated too.
10-19-2012 01:56 PM
A judgment is a court determination of validity of the debt, along with an order to pay it. How they take subsequent actions to collect on the judgment debt is up to them.
They can use the judgment, coupled with lack of payment, as basis for going back to the court and obtaining an additional order of terms of satisfaction, such as garnishemnt of pay. Or they can sell the debt, in which case the judgment is still the same, and a new legal owner is then at play to continue its collection of the judgment debt.
Having delayed in payment of the judgment debt past the original order in the judgment will most likely, in my opinion, give you less strength in subsequent negotiations, as it strengthens their case should they decide to go back to the court and ask for an order compelling terms of satisfaction.
Most judgments, depending upon the state, are enforceable for ten years, and can be extended. Lack of satisfaction, as it become more prolonged, would not, in my opinion, place the consumer on better grounds.