@Italiannyc17 wrote:I'm in NY. So we're in agreement that the best form of action is just calling the collection agency that has the debt and paying them less money, instead of calling capital one and asking them?
I love site by the way lol so much help thank you.
auto loans, credit cards, it's so exciting to actually fix things and get things knowing you can afford it
also, in regard to wage garnishment, do they at least attempt to contact you again threatening garnishment before they do it. As in, if I found out they are trying to do it, then I pay right away. Would that still hit the reports ?
Creditors who hold judgments dont make threats ahead of time, they just act and it comes out of the blue. Let me get this straight the judgment is from Cap-1 they have engaged a collector to collect it from you?? So whats on your report is the Cap-1 OC TL 6 yrs old, a CA collecting for Cap-1 and the judgment???
@Italiannyc17 wrote:The original debt from capital one was a charge off. I had it early excluded from my TU and equfax. Experian comes off next month. Now the judgement for it is only on my experian and equafax. Not my transunion. Hence why it's the highest score
Ok, so the collector that you say is on is not working on collecting the judgment, you would then want to try a PFD with that CA. On the judgment you need to find out if Cap-1 still owns it and if so then you want to make arrangements to settle with them. The judgment can be reported for 7 years from the date it was granted or the governing statute as set forth in your state.
@Italiannyc17 wrote:I don't believe capital one owns the judgement because I sometimes get letters from the debt collector. It's based here in ny. Thanks for all the info and help. Now that I know it won't affect me negativity on my report, I'll just pay it. My only big concern now wIll be, if I pay it, Hopefully it doesn't finally decide to show on my transunion report . Sigh
Well you are in luck, In NY State they have some of their own credit reporting protection laws, a paid collection/OC or judgment cannot antedate the CR more than five years from the date of its occurence so if you pay the judgment its gone now (same with the CA if its 6 yrs now, if they wont do PFD), you may have to play with the CRA to get them to delete it but the NY AG is a good friend to have if you have any problem.
@Italiannyc17 wrote:Wow are you serious!! If that is the case I'd pay it tomorrow lol. Do you have a link? That would be amazing news considering I want a car loan next month. Wow
Hmm, looks like I might have misread that on the judgment looks like it has to have been paid within the 5 year period, but it may be able to work around on that one
2010 New York Code
GBS - General Business
Article 25 - (380 - 380-U) FAIR CREDIT REPORTING ACT
380-J - Prohibited information.
§ 380-j. Prohibited information. (a) No consumer reporting agency
shall report or maintain in the file on a consumer, information:
(1) relative to an arrest or a criminal charge unless there has been a
criminal conviction for such offense, or unless such charges are still
pending,
(2) relative to a consumer's race, religion, color, ancestry or ethnic
origin, or
(3) which it has reason to know is inaccurate.
(b) Notwithstanding the provisions of paragraph one of subdivision (a)
of this section, a consumer reporting agency may collect, evaluate,
prepare, use or report information relative to a detention of an
individual by a retail mercantile establishment, provided that:
(1) the individual has executed an uncoerced admission of wrongdoing;
(2) with respect to a detention made on or after the effective date of
this article the retail mercantile establishment has, prior to
transmitting to a consumer reporting agency information concerning such
detention, delivered to the individual a written notice containing:
(i) a statement that the information may be furnished to a consumer
reporting agency, and that such information may be reported to a retail
mercantile establishment for employment purposes,
(ii) a statement that the individual may request disclosure by the
consumer reporting agency of information in the agency's file on such
individual, and that the completeness or accuracy of such information
may be disputed by the individual, and
(iii) the name and address of such consumer reporting agency; and
(3) the user of such information certifies to the consumer reporting
agency that such information will be used only in connection with
employment purposes.
(c) In the event that a criminal charge is filed subsequent to the
detention described in subdivision (b) of this section, the disposition
of such charge shall be recorded by the consumer reporting agency in the
file on such individual upon the request of such individual and upon his
furnishing proof of such disposition.
(d) No consumer reporting agency shall issue a consumer report which
lists a person as having been denied credit if the sole reason for such
denial is lack of sufficient information to grant credit, unless the
report states that the denial was for such reason.
(e) Consumer reporting agencies shall maintain reasonable procedures
designed to assure maximum possible accuracy of the information
concerning the individual about whom the report relates.
(f) (1) Except as authorized under paragraph two of this subdivision,
no consumer reporting agency may make any consumer report containing any
of the following items of information. (i) bankruptcies which, from
date of adjudication of the most recent bankruptcy, antedate the report
by more than fourteen years;
(ii) judgements which, from date of entry, antedate the report by more
than seven years or until the governing statute of limitations has
expired, whichever is the longer period; or judgments which, from date
of entry, having been satisfied within a five year period from such
entry date, shall be removed from the report five years after such entry
date;
(iii) paid tax liens which, from date of payment, antedate the report
by more than seven years or, a paid, satisfied or vacated tax lien
involving a purchaser, transferee or assignee in a bulk sale transaction
who has been deemed liable by the state tax commission for sales taxes
due from a seller, transferrer or assignor under subdivision (c) of
section eleven hundred forty-one of the tax law, where the receipt by a
credit reporting agency from such purchaser, transferee or assignee of a
notice, or true copy thereof, from the state tax commission to such
purchaser, transferee or assignee that his liability has been wholly
paid or satisfied or no longer exists, antedates the report by more than
thirty days;
(iv) accounts placed for collection or charged to profit and loss
which antedate the report by more than seven years; or accounts placed
for collection or charged to profit and loss, which have been paid and
which antedate the report by more than five years;
(v) records of conviction of crime which, from date of disposition,
release, or parole, antedate the report by more than seven years;
(vi) information regarding drug or alcoholic addiction where the last
reported incident relating to such addiction antedates the consumer
report or investigative consumer report by more than seven years;
(vii) information relating to past confinement in a mental institution
where the date of last confinement antedates the report by more than
seven years; or
(viii) any other adverse information which antedates the report by
more than seven years.
(2) The provisions of this subdivision shall not apply to:
(i) a credit transaction involving, or which may reasonably be
expected to involve, a principal amount of fifty thousand dollars or
more;
(ii) the underwriting of life insurance involving, or which may
reasonably be expected to involve, a face amount of fifty thousand
dollars or more; or
(iii) the employment of any individual at an annual salary which
equals, or which may reasonably be expected to equal twenty-five
thousand dollars, or more.
(g) No consumer reporting agency shall collect, evaluate, report, or
maintain in the file on a consumer any results, opinions, analyses,
transcripts or information of any nature concerning, related to, or
derived from a polygraph examination, an examination by any device or
instrument of any type used to test or question individuals for the
purpose of detecting deception, verifying truthfulness, or measuring
deceptive tendencies, or the questioning or interviewing of an
individual by the examiner prior to or after such an examination.
@Italiannyc17 wrote:So I have some good news. I contacted EX and EQ and they both told me that if I pay off my judgement, it would be taken off my credit report right away! In NEW YORK, if the judgement is paid, it comes off your report within 5 years. I am past 5 years.
Now my only question is who do I contact to pay the judgement. Capital one? The courts? or the collection agency asking me to pay half to settle it?
The people at EX said I should most likely call the courts because the courts are who they verify from to get a judgement removed. Only problem is, if I contact the courts and try to pay, I will most likely have to pay the full amount. Its only 1300, but the collection agency was offered 600 bucks to settle!
any ideas?
Might contact the court to see if you can find out who owns the judgment they may or may not have the name of the current owner. If you cant find it I would deal with the CA and get an agreement that the satisfaction will be filed with the court within 30 days after payment.