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LVNV Default Judgement Vacated - Now What?

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angelita1212
Valued Member

LVNV Default Judgement Vacated - Now What?

Hi Everyone:

 

Heres the background:

LVNV ended up suing me and getting a default judgement on an old Sears account without my knowledge. The only way I fould out this ever happened was that the Sheriff of my county was charged with collecting the debt. I then got a lawyer involved and the judgement was vacated because I was never served papers.

 

Now that the judgement has been vacated, what steps can I take from making sure they don't try and sue me again? Do I DV?

 

Thanks for all your help.

 

Don't mind my in progress signature....







Message 1 of 9
8 REPLIES 8
llecs
Moderator Emeritus

Re: LVNV Default Judgement Vacated - Now What?

Are they reporting?

Message 2 of 9
Anonymous
Not applicable

Re: LVNV Default Judgement Vacated - Now What?


@angelita1212 wrote:

Hi Everyone:

 

Heres the background:

LVNV ended up suing me and getting a default judgement on an old Sears account without my knowledge. The only way I fould out this ever happened was that the Sheriff of my county was charged with collecting the debt. I then got a lawyer involved and the judgement was vacated because I was never served papers.

 

Now that the judgement has been vacated, what steps can I take from making sure they don't try and sue me again? Do I DV?

 

Thanks for all your help.

 


Unless the judge dismissed the case w/ prejudice, there is nothing you can do to stop them from suing you again as long as they are within the statute of limitations.

Message 3 of 9
angelita1212
Valued Member

Re: LVNV Default Judgement Vacated - Now What?

Yes, I just got my reports from annualcreditreports.com and they are still reporting. However the judgement is not on my reports. Should I go ahead and DV? Or should I dispute through CRA? I don't want to give them a chance to issue a summons to me this time. And, I don't see anywhere on the letter from the court saying 'with prejudice'.
Don't mind my in progress signature....







Message 4 of 9
Anonymous
Not applicable

Re: LVNV Default Judgement Vacated - Now What?


@angelita1212 wrote:
Yes, I just got my reports from annualcreditreports.com and they are still reporting. However the judgement is not on my reports. Should I go ahead and DV? Or should I dispute through CRA? I don't want to give them a chance to issue a summons to me this time. And, I don't see anywhere on the letter from the court saying 'with prejudice'.

If not dismissed w/ prejudice, as long as the statute of limitations hasn't run they most certainly can sue you again. 

 

What is it that you want to accomplish with a DV or a dispute?  Neither will eliminate their ability to sue you again.   

Message 5 of 9
angelita1212
Valued Member

Re: LVNV Default Judgement Vacated - Now What?

I would much rather try and work out a settlement then have another judgement.
Don't mind my in progress signature....







Message 6 of 9
Anonymous
Not applicable

Re: LVNV Default Judgement Vacated - Now What?


@angelita1212 wrote:
I would much rather try and work out a settlement then have another judgement.

Check and find out when the statute of limitations expires in your state on the debt.  If it hasn't expired, then think settlement.

Message 7 of 9
Anonymous
Not applicable

Re: LVNV Default Judgement Vacated - Now What?

Interesting! I had a Default Judgement on 2007 with LVNV ... I knew nothing about hiring an atty or looking for help! I only knew to continue to call and say that this wasn't my SEARS Acct. In actuality it belonged to my EX HUSBAND Before I was married to him. 

 

The Judgement stayed on my Report for $1900. I finally decided to get legal help (now that I can / can't  afford it)   since moving to Chicago 8 Years ago, This Blassinger or Blassingheimer Crooked Atty's  Claimed that they served me at an address I hadn't lived at for 2 years. On the documents showing today , it states that the Sheriff wrote that there was no contact and no name at the address ( an apt that I had rented) .. These same Crooks sent a Special Process Server out and the SErver claimed that he handed my papers to a relative who was 20 yr of age.

 

I have no family in Chicago.  I have absolutely NO IDEA who lives in the apt building but Thank GOD for LEGAL Aid at the Daley Center! I took utility bills and other bank statements from my current address and also dated back to when they supposed served me..  Also sent LVNV a Certified Letter Asking them to Show the DEBT .. They never did .. 

 

I have the LETTERS Plus my Motion to QUASH and VACATE the Judgement August 16th   and the Atty from Legal aid says that they highly doubt that they will show up considering that they would have to

1. Pay an atty to show up for them since they dropped the atty who helped to serve me

2. didn't answer my registared mail

3. In the Motion, IT shows nowhere the debt .. the signature or cotract .. just an account number claiming that this card was mine (mind you the cards last payment was 2002 I believe )

4. . even if they show, they were supposed to show something in their complaint so if they can't produce the debt, I may not have to return. I'm supposed to ask the Judge to also Dismiss the Case due to some WAY to PRosecute  (some verbage meaning they have nothing . dismiss it)

 

there were 2 .. Served by the SAME ATTY's OFFICE within 1 Month.. the Exact Same Way!!! So I have a court date Aug 18 and Aug 16  to finally be Free of these 2 judgements!!

 

I'm praying that all goes well, these 2 things are hindering me from obtaining a Home Loan on a short sale that I'm under contract for. Thank goodness it may take another 2 months or 3 months for everything to go through so I have a little bit more time to get all of this done!

 

My Mortgage broker will then do a Rapid Rescore when all of this is done so that I can move on with my life and hopefully in my new home!

 

Since this Judgement has been since 2006 and one since 2007.. I'm not sure how many points i will get if and when this is vacated and deleted but i'm praying for at least 18 points!!  Smiley Happy

 

 

Also If you all know if i should pay down my car loan to 35%  ?  I over paid a 33K Car Loan. I only owe 10 and Was wondering if I paid it down to 35% owed my score may jump a bit more ??

 

I've had perfect paying history for the past several years. My student loans were consolidated YAY! and I'm looking for a FREE and CLEAN Credit Report!

 

any Advice  would be appreciated!

 

Message 8 of 9
Booner72
Senior Contributor

Re: LVNV Default Judgement Vacated - Now What?


@Anonymous wrote:

Interesting! I had a Default Judgement on 2007 with LVNV ... I knew nothing about hiring an atty or looking for help! I only knew to continue to call and say that this wasn't my SEARS Acct. In actuality it belonged to my EX HUSBAND Before I was married to him. 

 

The Judgement stayed on my Report for $1900. I finally decided to get legal help (now that I can / can't  afford it)   since moving to Chicago 8 Years ago, This Blassinger or Blassingheimer Crooked Atty's  Claimed that they served me at an address I hadn't lived at for 2 years. On the documents showing today , it states that the Sheriff wrote that there was no contact and no name at the address ( an apt that I had rented) .. These same Crooks sent a Special Process Server out and the SErver claimed that he handed my papers to a relative who was 20 yr of age.

 

I have no family in Chicago.  I have absolutely NO IDEA who lives in the apt building but Thank GOD for LEGAL Aid at the Daley Center! I took utility bills and other bank statements from my current address and also dated back to when they supposed served me..  Also sent LVNV a Certified Letter Asking them to Show the DEBT .. They never did .. 

 

I have the LETTERS Plus my Motion to QUASH and VACATE the Judgement August 16th   and the Atty from Legal aid says that they highly doubt that they will show up considering that they would have to

1. Pay an atty to show up for them since they dropped the atty who helped to serve me

2. didn't answer my registared mail

3. In the Motion, IT shows nowhere the debt .. the signature or cotract .. just an account number claiming that this card was mine (mind you the cards last payment was 2002 I believe )

4. . even if they show, they were supposed to show something in their complaint so if they can't produce the debt, I may not have to return. I'm supposed to ask the Judge to also Dismiss the Case due to some WAY to PRosecute  (some verbage meaning they have nothing . dismiss it)

 

there were 2 .. Served by the SAME ATTY's OFFICE within 1 Month.. the Exact Same Way!!! So I have a court date Aug 18 and Aug 16  to finally be Free of these 2 judgements!!

 

I'm praying that all goes well, these 2 things are hindering me from obtaining a Home Loan on a short sale that I'm under contract for. Thank goodness it may take another 2 months or 3 months for everything to go through so I have a little bit more time to get all of this done!

 

My Mortgage broker will then do a Rapid Rescore when all of this is done so that I can move on with my life and hopefully in my new home!

 

Since this Judgement has been since 2006 and one since 2007.. I'm not sure how many points i will get if and when this is vacated and deleted but i'm praying for at least 18 points!!  Smiley Happy

 

 

Also If you all know if i should pay down my car loan to 35%  ?  I over paid a 33K Car Loan. I only owe 10 and Was wondering if I paid it down to 35% owed my score may jump a bit more ??

 

I've had perfect paying history for the past several years. My student loans were consolidated YAY! and I'm looking for a FREE and CLEAN Credit Report!

 

any Advice  would be appreciated!

 


Your car loan is an installment debt so paying lower won't help at all.  Paying on time each month which is what you are doing is the only thing you can do and should do.  Getting those judgments removed I would bet would get you 18 points if not more, especially if they are your only negatives!  Good Luck In Court!!

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Message 9 of 9
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