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Paying a judgement

Regular Contributor

Paying a judgement

Ok, so I found the judgement that I haven't been able to find any record of on my husband's CR. Turns off that the case number was different from the one on his report and they spelt his name wrong (his name is hyphenated, but they lumped it as one). I was wondering who do I contact for payment. The clerk that I spoke to gave me the number of the law firm that filed the case on Midland's behalf, or should I go straight to Midland?




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Message 1 of 11
10 REPLIES
Moderator Emeritus

Re: Paying a judgement

Edited out because I liked lighnin's answer below better.  Smiley Happy

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Message 2 of 11
Senior Contributor

Re: Paying a judgement

Contact the law firm, because if you call Midland, they will probably tell you to call the lawyer anyway.

 

I would get a copy of the court papers first, before calling the lawyer.

That way your husband will know what happened in court that day, instead of taking someone else word for it.   

 

Oh and one more thing, tell the lawyer you want the judgment removed once it's paid for and get it in writing before paying.

 

Do as much research as you can, before doing anythingSmiley Wink Good Luck to You.

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Message 3 of 11
Regular Contributor

Re: Paying a judgement

Ok, I was about to call and see what I can do about getting the information. Thank you Smiley Happy




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Message 4 of 11
Regular Contributor

Re: Paying a judgement

I called the clerk and she said they couldn't send me info about the case Smiley Sad We live in AL and the case was filed in teh Queens County court, since my husband is from NY. She suggested I communicate with the law firm, but like someone suggested previously, I don't want to rely on what they have to say. I might send MIL down to the courthouse, because if come in person, you can make copies. The clerk also told me that I could arrange to have it vacated through whatever stipulations the firm and I agree to. The amount is for a lot more than is reported on my DH's CR though Smiley Sad Oi....




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Message 5 of 11
Community Leader
Epic Contributor

Re: Paying a judgement

The key point, as I read the post, is that the clerk of the court informed you that their court does entertain motions to vacate based on payment of the debt.

Many courts wont enterain motions to vacate unless their was actual error in the judgment or the proceedings.

 

I read between the lines that a primary condition would be that the judgment creditor supports the motion.

Their attorney cannot vacate.  Only the court can do so.

I would contact their atty, and ask that, as a condition of payment, they agree to support your motion to vacate, or better yet, file it themselves.

 

Message 6 of 11
Super Contributor

Re: Paying a judgment


RobertEG wrote:

I would contact their atty, and ask that, as a condition of payment, they agree to support your motion to vacate, or better yet, file it themselves.

 


+1.  Paying the judgment won't improve your FICO score, you want to get it removed from your reports.   Negotiate with them to file a motion to vacate in exchange for payment.

 

March2010 FICO® ~ 695 TU, 653 EQ, 697 EX
Message 7 of 11
Regular Contributor

Re: Paying a judgement

Oh ok, so there is hope then. The lady was really polite and she suggested I try and work out a settlement for less than the amount with the law firm (which I already knew, thanks to this board).




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Message 8 of 11
Regular Contributor

Re: Paying a judgement

So, I just Googled the law firm Midland used, Forster and Garbus and it looks like they're bad mojo. I'm so confused right now, because I don't want to potentially get into a stressful situation with them. I am going to ask my MIL to go down to the courthouse next week and get the court papers, but I really don't want to deal with a law firm that has a record of shady practice. Should I try and settle with Midland directly? I've pretty much decided to get some legal counsel at this point because I want to pay these debts, but I don't want to make any missteps/make life more complicated.




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Message 9 of 11
Community Leader
Epic Contributor

Re: Paying a judgement

Since you are apparently seeking action by the court, it is definately better to have legal counsel.  One who knows the ropes of the court.

Once you secure legal counsel, any further communications with you must be via your counsel, so it will cease your direct involvement.

Message 10 of 11