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Old Judgment - Won't Produce Docs?

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turts14
Regular Contributor

Old Judgment - Won't Produce Docs?

So I was just notified that I had a judment entered but not docketed back in 2006 from debts stemming from two collections in 2004 and 2005.  They have not docketed the judgment thus it does not show up on my credit report.  I have confirmed through the courthhouse that the judment was entered in 2006. The agency claims they will docket the judgment very soon unless I pay.  I have asked for verification of these debts and they will only send me the judgment?  Also the judment is for $988.00 and they claim I owe them $1,400.  I told them I have a legal right to see the accounting statment since they purchased the debt on why I owe exactly what I owe.  They claim they don't need to provided me with that.  So bascially they will not verify the debts or the amount owed.  I told them I would not agree this debt is my but offer a settlement of $400 which they denied.  What steps should I take now?  I don't want this docketed and sent to my credit report as I have fought to get it to 690 the past few years.  Thoughts?  

 

Thank you 

Message 1 of 7
6 REPLIES 6
RobertEG
Legendary Contributor

Re: Old Judgment - Won't Produce Docs?

Confused....

"Docketing" usually refers to the court placing a case on their docket for action.

If a judgment has been issued by the court, that means trial was completed and the court made its ruling.

 

I thus dont see what is meant by "docketing" at this point.

The judgment would  be recorded on the public record of the court, and could be entered into your credit report by the CRA based on their review of public records.

The debt collector need not report the judgment for it to be entered into your credit file.

 

As for their requirement to validate the debt, a judgment by a court is a legal validation of the debt.

 

 

 

 

 

 

 

Message 2 of 7
guiness56
Epic Contributor

Re: Old Judgment - Won't Produce Docs?

OP. didn't you say in another thread that the clerk stated the judgment had never been enter and docketed?  Or something like that?

 

They are not considered final until entered and docketed and this must happen to be considered a legal and enforceable judgment.  I am finding the laws vary from state to state.  Some will allow collections without docketing, others will not.

Message 3 of 7
turts14
Regular Contributor

Re: Old Judgment - Won't Produce Docs?

Per my conversation with the court  admin, the judgment has been "entered" but has not been sent down to but has never been "docteted" that is the next step.  The Judgment was "entered" in 2006.  The collection agency did not give me a reason when asked on why it has not been docketed with the district court.  It is my undertanding they need to file additional paper work for this to happen.  The judgment is legitamet but my sit there until and if they actually "docket" the judgment in district court.  My thought is they may never "docket" the judgement but don't really want to find out..  I am also surprised that since this is 8 years old that they will not negotiate on the final cost or provide me with a breakdown of the fees even between when the judgment was entered and the fees they are stating I owe now.  Any thoughts our help would be appreciated. 

 

Thank you

Message 4 of 7
guiness56
Epic Contributor

Re: Old Judgment - Won't Produce Docs?

What state are you in?  In some states until it has been docketed it cannot be collected on.

 

To docket the judgment they have to pay for it.  Seems it runs from $5 to $40 to do that.

Message 5 of 7
turts14
Regular Contributor

Re: Old Judgment - Won't Produce Docs?

I am in the state of MN

 

Thank you again 

Message 6 of 7
guiness56
Epic Contributor

Re: Old Judgment - Won't Produce Docs?

Message 7 of 7
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