08-18-2011 10:25 PM
A judgment was entered against me in 2009 for a defaulted student loan. I began paying it, but then became unemployed. In 2010 I was contacted by a different collection agency saying that I now had to pay them in its entirety. I entered into a payment agreement with them. (I know I shouldn't have since I had already been paying on it and the amount wasn't correct, but to be honest, I didn't have the energy to fight it)
Long story short, I've been paying them more than my rent every month for almost a year and I was ONE DAY late on ONE PAYMENT and they entered a second judgment against me for the remaining amount at the end of June. $15,000 judgment in 2009 and now it's showing on my report for $9,000 which will remain on there for 7 years although I've been paying DOUBLE the agreed upon amount every month? This doesn't seem fair.
First of all, is this even legal? One day late and they enter a second judgment?? And with no kind of notice?? There is nothing in writing. Besides, if I've been paying double aren't I actually ahead of schedule?? Ha.
Second of all, what do I do since I'm guessing the answer is no, it is not legal? It sounds crazy, but should I even bother doing anything? I was thinking about it and it's really only a 2 year difference out of my life. It's not like they put the entire amount on there again. (I might be in jail if they had. Kidding. Kidding.) I'll be finished paying by April and be done with them forever. Should I even realistically bother taking them to court for this? It's more so the principal of it all that's bothering me.
Also, I am looking to rent a new apartment at the end of 2012 and the landlord is obviously going to pull my credit report. I figure it might ACTUALLY be better for them to see $9,000 entered a year ago and it will look like I paid it off in 10 months VS. $15,000 entered 3 years ago that took me forever to pay off. Looks less scary truthfully. I know that over time a judgment has less effect on your report, but to be honest, my score didn't even go down after the second entry.
08-19-2011 08:00 AM
Did you get properly served so you had a chance to go to Court? If not then no it isn't legal.
08-19-2011 08:23 AM
I was properly served with the original judgment, which is why I never argued it and was just paying.
I was never properly served with any kind of notice, phone calls, anything for the $9,000 that they were going to place on there. They basically just took off the original judgment as though it never existed and replaced it with this new thing.
I don't know who to speak to about this. I am in NYC and googled lawyers until 3am. No one seems to deal with this kind of issue and I don't qualify for a free court lawyer since I'm not low income. *sigh*
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