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help with ways to approach/settle a civil judgment?

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2NE1
Established Contributor

help with ways to approach/settle a civil judgment?

Hello,

 

I'm new here and was wondering if some of you could guide me on how should I approach a civil judgment that was filed against me.

 

History: I purchase a new car back in 2007 and had promised the dealership that I would pay $5000 as a downpayment. I had already paid $500 in cash and trade-in my old car for $700 towards the new one. Unfortunately right after I had financed the car I was no longer working the job that the dealership had paystubs from and therefore could not pay the leftover downpayment of $3800. By the beginnig of 2008, the dealership sued me for the $3800 that I still owed them. It is now 2011 and as my financial status has gotten a bit better, I'm trying to pay this off. I believe the amount I owe might have gone up to $6000+ because according to my state, the percentage that the car loan was financed for has been applied to this downpayment that I was sued for. As I keep letting this jugment pass the higher the amount gets.

 

I tried to work it out with the original creditor (dealership) but they told me that they no longer have my information on file (since it has been four years ago) and that I would have to speak with the circuit court representative. I spoke with the laywer that took the case and he agreed to settle for a lump sum amount to satisfy this debt.

 

My question is, if I send a "settlement discussion only" letter requesting that the dealership or the laywer petition the court for a full DISMISSAL WITH PREJUDICE of the judgment, will this work in order to have this civil judgment removed from my credit report? or what should I do/write to have it removed? this cannot stay on my credit report any longer because my employment does not allow it. I need it gone ASAP. Please help me out. Thank youuuu!

 

 

Message 1 of 3
2 REPLIES 2
Booner72
Senior Contributor

Re: help with ways to approach/settle a civil judgment?

Hello - you have to get a judgment vacated to have it removed from your credit reports.  Getting the judgment "satisfied" will only reflect that - satisfied.

 

You should work with the plaintiff's attorney to incorporate getting the judgment vacated in your dealings w/ them to pay it - offer to pay legal fees for the "motion to vacate."

 

Your other option is to try to get it vacated on your own, most common reason is you weren't served properly, etc.

 

Have you checked the online court system in your county to determine if this is an ACTUAL JUDGMENT that was filed?  Sometimes collection agencies tell you it's a judgment, and get one reported based on a case # - but it turns out not to be an actual true court recorded judgment.

 

good luck.

STARTING: 11/24/10 EQ-584 EXP-648 TU04-595
CLOSED FIRST HOME 8/19/11 EQ-630 EXP-691 TU04-653
CURRENT: EQ-701 EXP-??? TU08-720
Message 2 of 3
2NE1
Established Contributor

Re: help with ways to approach/settle a civil judgment?

Okay, thanks for the advice. I thought I would have to write a letter that to the plaintiff's attorney asking "to dismiss the judgment in exchange for money."

 

When you say "offer to pay legal fees" you mean the legal fees they paid when they won the judgment? or do I have to offer to pay extra $$ aside from the $5000 we've agreed to?

 

I can not even remember if I was served properly or not. All I remember is that the court date for me to show up was on V-Day (February 14th) in 2008. I don't remember receiving a 30-day notice to take action. I don't have those letter and I don't know if they even have those letter. I was only 20 years old at the time I had just one year of working experience and was scared when they sued me. I wasn't prepared at all for this. This should respond the question if it was an actual judgment, correct? it had to be since it took place at the Circuit Court... or am I wrong?

Message 3 of 3
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