03-30-2012 06:34 AM
Thanks!! I also decided to sent a "gw" type letter to the court to vacate it, just in case it pops back up. CRs are one thing, but if I decide to re-fi or something, I don't want that showing up in the system anywhere, so per some good advice I found on this board, I typed up a letter yesterday and mailed it out with a copy of the settlement from the CA stating all further collection activity would cease and desist, account was closed, etc. I hope that is enough for them to remove. Our county does not have any online forms to initiate a motion to vacate or anything like that, so I figure, try a letter first, and go from there. This is the best site ever for encouragement, support, and advice on these matters. THANKS TO ALL!!! KEEP ON REBUILDING!
03-30-2012 11:28 AM
Gypsy soul you need to phsically go down to the courthouse and speak to the clerk fill out the order to vacate then it is sent to a judge ( you usually dont have a court appeaRENCE ) THE JUDGE WILL EITHER SIGN OR NOT BUT BECAUSE ITS A MATTER OF COURT RECORDS THERE ARE PROCEDURES THAT THEY MUST ABIDE BY. iTLL TAKE A FEW DOLLARS AND MAYBE AN HOUR OF YOUR TIME.Sorry cap lock was on not shouting. Then if he vacates judgement hold on to that paper like its your birth certificate for life!!!
03-30-2012 11:33 AM
good info!! I had read a post here from another member who had done it via mail so thought I'd try that first, but I don't expect I will have the same easy outcome as the poster had, but the clerk of courts may point me in the exact direction at least. I know there are forms, etc. and fees, but like I said, my county is not the most technically advanced and was unable to obtain the form online. I do plan on going down if I don't hear either way in a few weeks. I did see that it was already taken off the EQ CR when I pulled earlier today. But I do want it gone altogether. And I didn't think you were shoulting. lol!
03-30-2012 01:30 PM
Only forum that Ive ever gone on. Read in book caps means shouting. Dont wait a few weeks it will cost you less than 50 dollars and once its vacated its done forever!!!!!
03-30-2012 01:35 PM
Quick question you say it will expire in May do you mean it was meant to fall off credit report or that the judgement expires. When you sued did the original creditor ever try to contact you again.
04-01-2012 09:20 AM
well, in PA this type of judgement expires after five years, which would have been may of 2010, but i don't konw if they renewed it or not at that point, like I stated earlier, the status shows as pending on the CR, etc. I was allegedly filed in May of 2005 so this year is the seven year mark, so I assume it would fall off between May and Novermber of this year. It is off my EQ report now, which was the only one it showed on. I disputed it with TU and EX over a year ago and they took it right off.
04-01-2012 09:21 AM
oops sorry annielorrri, The OC never contacted me and the account was way out of SOL by that point anyway if they had. Providian was the OC btw.
04-01-2012 11:23 AM
I am wondering if a recent experience I had would fall under the same category as this... I work for a public state agency. About a week ago, I received a collection notice at my work address. Since I work for a public state agency, the mail is opened when received, date-stamped "received," and then distributed appropriately. Does this violate some type of privacy regulation? I think it is safe to assume that anything mailed to a work address, especially at a public state agency, would not be opened by the addressee.
Any info would be appreciated.
04-01-2012 12:59 PM
did you give them your work address? I would probably look into that, but can't say for sure. Maybe if you read through the actual faid debt collecton act it may help. I would think the fact that the mail is sent to a business and opened by other people is not okay, but does the envelope say "personal and confidential" or something like that?
04-01-2012 01:35 PM
No, I did not provide my work address to the CA. And the envelope does not indicate that it should only be opened by addressee, or that it is "personal" and/or "confidential." The only thing indicated is "return service requested." Further, it is addressed to me "c/o" my employer.
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