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Paying off a judgement, best course of action?

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Anonymous
Not applicable

Paying off a judgement, best course of action?

Long story short, I have a judgement on my record for a credit card bill I didn't pay due to being ignorant. I'm trying to get my credit back straight, as this is my only negative on the report. I finally got a letter today from the law firm that is trying to collect (originally Arrow financial, no longer around) the amount is for more than the original judgement, interest I assume. Frankly, I know I'm the cause of this debt, but I'm not going to pay their interest just because. What sort of letter should I construct to agree to pay the original settlement, in exchange for a judgment satisfied letter? Can the collector do this, or will I need to take this back to court after payment for the judgement to be considered satisfied? And yes, I do have the money to pay in full. Thanks!
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RobertEG
Legendary Contributor

Re: Paying off a judgement, best course of action?

FDCPA 808(1) is your basis for any claim that a debt collector is attempting to collect any amount not entitled.

It states that it is illegal for them to attempt to collect "any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law."

 

Review your original account agreement with the OC, and determine what amounts it expressly authorized.

If amounts they are attempting to collect are not expressly authorized in your account agreement, they must assert some provision of your state law that entitles them to amounts not authorized in your account agreement.   Ask them under what provision of your state code they are permitted such interest/fees.

 

If you pay the debt, under the procedures of most courts, they are required to file a notice of satisfaction of the debt within a certain period.  It is most likely something you dont have to ask for agreement.  Give a quick call to the clerk of the judgment court, and ask about the requirements for a judgment creditor filing a notice of satisfaction of the judgment.

 

Of course, satisfaction of a judgment does require deletion of the judgment from your CR.  It is just a first step.

Message 2 of 3
pizzadude
Credit Mentor

Re: Paying off a judgement, best course of action?

You want to ask them to file a motion to vacate the judgement in exchange for payment. Having it marked as paid wont do anything for your FICO® score, you'll have to get it vacated to have it removed from your reports.
March2010 FICO® ~ 695 TU, 653 EQ, 697 EX
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