@Anonymous wrote:
Ok, back in late 2005 I had 2 judgments filed against me and i lost due to default. one was for $9000 and the other for $3000 from Unifund and Velocity. I had tough times going on so the original credit card debts were definitely mine. However, in Feb 2005 I moved out of state and I was never served for the judgments. I called the court and it shows that papers were sent to my old address but they also said someone signed. I had family living at that address that I wasn't on speaking terms with so they may have signed and the kicker is my dad has the same name, just different middle name so maybe that had some confusion. Anyway, finance issues kept me from checking my credit report and i never tried to apply for any credit since I knew my situation. I was ignorant at 20 but it happened.
Now I am in much better shape, started my own business from scratch and have some money and am considering purchasing a home next year, thats when i noticed the judgments. The judgments are due to fall off in August and December of 2012 but I really want to get the credit scores up as much as possible now. I heard Unifund is scum and velocity is pretty legit and good. I want to pay now but was wondering if anyone had any experience in negotiating a payment in exchange for vacating the judgment? I would start the process on my own but I live 8 hours away and I read I have to go to the courts personally and file the papers then return for court etc. I would hire a lawyer if they could do that for me. My main question is, can I contact the original creditor, Chase and and Cap 1 I believe, and negotiate a payment thru them in exchange for the judgment to be removed by them? I'd rather deal with them then Unifund which is the big one. I was thinking that since I was improperly served, they may go for it. If I can't go thru the original creditor, do you think the collection lawyers would accept any deals?
Thanks for any help!
There is some doubt as to whether or not you were properly served which may form the basis for a successful Motion to Vacate. Without knowing which state they supposedly served you in, it would be difficult to say whether you were properly served or not.
As for negotiating removal of the judgments via the judgment creditors, it is a possibility. Be careful, though, that by contacting them they do not suddenly become motivated to enforce their judgment should they not accept your terms. Where you would more than likely be successful is if you were willing to offer them 100% of the judgment amount.
Now, when you pay the judgments the judgment creditors must indicate to the court that the judgment is satisfied. However, to have the judgment removed from your credit files you would need it vacated and not just satisfied. In the vast majority of jurisdictions, simple satisfaction of a judgment is not legal grounds to have the judgment vacated. That said, with the cooperation of the judgment creditor, many, many courts will the judgment to be vacated. I think it is quite likely that if you offer to pay the judgments the judgment creditors would be willing to cooperate. Do remember, though, that if you contact them and do not come to terms they are willing to accept, they may become motivated to enforce that judgment against you and that could be very, very painful.
