Starting Score: 0
annielorie wrote:You sued them for what?
Presumably their prerecorded message indicated they were attempting to collect a debt or something to that effect. The problem with this is they have no way of knowing who answers the phone. As such, they released information about the OP to someone else that is private. This is a violation of the FDCPA. Hopefully the OP will weigh in, but they may have had other inappropriate things on their message as well.
As for the OPs question, sorry I can't help much. Your best bet is probably to try to contact the court and have it vacated. The listing on your credit report should say where this judgement was found so you know who to contact. You would be petitioning to vacate based on never receiving service. They should be able to find out what address the plaintiff says they served and you can verify if you lived there or not, or whatever other arguments you have against having been properly served.
Starting Score: FICO: 587 EX, 594 EQ, 632 TU, 2/15/12; USAA FAKO: 525 EX, 541 EQ, 525 TU, 2/15/12
gypsysoul wrote:yes jimbo, they had violated the fair credit act. Apparently, they are notorious for that. I think I may just wait it out to see if the PR falls off in May of this year. I don't think they can renew it since the settlement stated they were supposed to remove the item from my CR and not to contact me about the debt again. Actually, the SOL may have been up when they entered said judgement, but like I said, I don't remember getting anything from them at the time.
This sounds like a good plan, although personally I would probably still try to vacate the judgement anyway. I just wouldn't want it hanging around somewhere, even if not on my credit report.
Also, keep in mind, a debt being out of SOL is not a valid argument against a judgement once it has been issued. To properly argue SOL, you have to show up in court and use this defense to prevent a judgement. In your case, you weren't given that opportunity if you weren't served, so your argument would be about improper or no service. PS. I hope you got some cash in that settlement too. Always nice when some people know their rights and stick it to the agencies that are so blatant about ignoring them.
gypsysoul,
I have a Tax Lien on my EQ credit report that was paid and released in Dec 2009. EQ is my only low score as a result. Judgments make a huge impact against your score. If there was any way that I could have it removed, (i.e., 'It didn't belong to me'), I'd take care of it ASAP!
If you won the case and Palisade's claim is erroneous, why would you just let it sit there? I would dispute it and send EQ proof that it's not yours, assuming you have this proof. Collection agencies are conniving. If you don't take care of it, it can come back to bite you like a rabid dog.
Good luck
gypsysoul wrote:thanks tubesock. I know that they cannot renew it and I believe it should expire in May of this year. With that, a few baddies falling off this year, and my CC balances paid down, I am hoping to see a big increase in my score. I have a little way to go to get my Util down to the 10% mark and plan on doing it in the next two months or so. Can't wait to see a good jump in the score. practiciing patience!! it's strange that the PR only shows on the EQ report and none of the others. makes me wonder.
We were lucky that it only showed up on our EQ's. It showed up on all 3 of my DH credit reports.
You will get a great big jump in your score once all that stuff falls off and you get your utl down. I'm truly happy for what you will be experiencing soon
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