cancel
Showing results for 
Search instead for 
Did you mean: 

Negotiated to PIF a default judgement.

tag
Wonderyears
New Contributor

Negotiated to PIF a default judgement.

I am in position to pay an old default judgement against me. With interest, it has reached over 10k, but the law office representing the creditor said they would accept $6500. I want to be sure this satsfies it in full, and I have no more issues. How do I go about it? Is there a "Satisfaction of Judgment" agreement they can send me encompassing the terms above? I don't want to just send them any money, no matter how pleasant they seem over the phone.

 

Thanks for the advice!

 

 

myFico TU-715 EQ-778 (01.14.2013) WalmartTU-664 (12.12.12))

LENDER PULL EQ-766 EX-779 TU-713 (12.20.2012)
Message 1 of 3
2 REPLIES 2
RobertEG
Legendary Contributor

Re: Negotiated to PIF a default judgement.

Judgement creditors are usually required under the procedures of the judgment court to report satisfaction of the judgment to the court within a certain period after its satisfaction.  So they most likely have a requirement to officially report its satisfaction, regardless of the amount they accept.  I presume that the judgment has not expired?

 

The key issue, as I see it, is to make sure that the record clearly shows that payment is considered a satisfaction of the debt, and thus the judgment, by the judgment creditor.  I would include a cover letter with the payment clearly identifying the agreement reached, and the statement that the payment is remitted per that agreement.

 

The side-issue is how they report to the CRA.  They must report a $0 balance if satisfied.  As settlement for less than the full debt, they are entitled to additionally report a special comment of settled for less to your credit file.  That special comment identifies that you had a prior debt that, while not satisfied, you did not fully pay the amount indebted.  I would ask for their agreement not to report that additional special comment, which with its absence, will make the debt appear in your CR the same as if paid in full.

 

 

Message 2 of 3
Wonderyears
New Contributor

Re: Negotiated to PIF a default judgement.

Thanks Robert! The judgement is on my report from 2010.

Who reports the satisfaction to the CRAs? As of now the unpaid judgment is only on my TU report. Ideally I'd like to keep my other 2 clean of any mention of it, paid or unpaid.

So, would you suggest I call them and negotiate they refrain from the special comment "settled for less?" Then include that with the cover letter that clearly states the agreement reached upon payment?

Thanks so much for your time!
myFico TU-715 EQ-778 (01.14.2013) WalmartTU-664 (12.12.12))

LENDER PULL EQ-766 EX-779 TU-713 (12.20.2012)
Message 3 of 3
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.