urgent! can someone please look at this judgement stat

[bourgogne]

Hi, thank you in advance. 

Backstory:  I am helping a friend with her credit.  Long story but soon to be ex basically stopped paying bills 3 years ago.  She had an ax charge off for ~$8K, they offered her a settlement but she put her head in the sand.  Single mom with 3 kids but has money to fix things but didn’t for whatever reason.  She got many warnings, letter from an attorney late last year and now the garnishment showed up yesterday at work.  No hit on the credit report as of yet and the original ax will fall off 7/17 or before via EE.

All I am looking for at this point is her best option;

Is the judgement flawed or is it solid?

She is in CA, I noticed there was a 3+ year gap and don’t know if that plays into it or not.

She owes the debt and can settle just want to make sure all the parties are in alignment.

Best course of action right now please.

Thank you

EDIT: 02/02/17 - removed judgement

[RobertEG]

It looks proper.

The court entered a judgment in 2013.

She remained delinquent on payment of the judgment, so the creditor filed for a "writ or execution," which is an additonal request that the court order specific terms of forced payment of the debt, such as garnishment of pay.  That too was entered by the court.

It is possibe that there might have been errors in the process of either the judgment or the writ, such as lack of proper service of notice on the defendant.

The posted information does not provide sufficient info to evaluate the legal formalites.

If she asserts that she never received notice of either court proceeding, she should consult an attorney for assistance in filing a motion to vacate based on procedural error.

[bourgogne]

Thank you for your fast response.  she knew about the debt and got lots of warnings.  should she just call the firm doing this and try to settle, pay in full or what exactly?  Thank you again, you rock!

[EAJuggalo]

If they are going to get their money anyway your friend would be better off just paying assuming she has the money.  Unless they aren't going to get the money due to extremely low wages or something else that makes the money untouchable.  Most judgements get daily interest tacked on as well, it'll save money to pay it sooner.  Occasionally a plaintiff will take less than the amount owed if they are fairly certain they'll never see the full amount anyway.

[bourgogne]

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@EAJuggalo wrote:

If they are going to get their money anyway your friend would be better off just paying assuming she has the money.  Unless they aren't going to get the money due to extremely low wages or something else that makes the money untouchable.  Most judgements get daily interest tacked on as well, it'll save money to pay it sooner.  Occasionally a plaintiff will take less than the amount owed if they are fairly certain they'll never see the full amount anyway.

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thank you for your reply, she makes ~$500K min a year so the money is there for the taking.  ax offered her to settle for half years ago, I suppose calling them is out of the question because a firm is not involved, right?  wonder if the firm will take less?  she wants to take care of this like right away

[Anonymous]

This is nuts. How do people that make this much money let their credit go? I've had years where I had 300K+ in my hands thanks to an inheritance as part of it, and I made every last payment on all of my accounts to get them either PFD, or paid-charge off to help rebuild. Are you sure she is not lying. If she really has the money, AX im sure will let her pay the whole amount and maybe get another card in a couple of years. Then again with that kind of income, who really needs credit

[bourgogne]

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@Anonymous wrote:

This is nuts. How do people that make this much money let their credit go? I've had years where I had 300K+ in my hands thanks to an inheritance as part of it, and I made every last payment on all of my accounts to get them either PFD, or paid-charge off to help rebuild. Are you sure she is not lying. If she really has the money, AX im sure will let her pay the whole amount and maybe get another card in a couple of years. Then again with that kind of income, who really needs credit

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don't get me started lol.  I have known her for years, 3+ decades.  she comes from wealth and is very successful in her own right.  he ex not only fcked up her credit but her kids.  nice guy huh.  anyway she is cleaning it up and writing checks to everyone, the queen of pfd ha-ha.  of course I am trading sex for my services so it all good lol.  will hit up ax first but I think its gone too far

[sjt]

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@bourgogne wrote:

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@Anonymous wrote:

This is nuts. How do people that make this much money let their credit go? I've had years where I had 300K+ in my hands thanks to an inheritance as part of it, and I made every last payment on all of my accounts to get them either PFD, or paid-charge off to help rebuild. Are you sure she is not lying. If she really has the money, AX im sure will let her pay the whole amount and maybe get another card in a couple of years. Then again with that kind of income, who really needs credit

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don't get me started lol.  I have known her for years, 3+ decades.  she comes from wealth and is very successful in her own right.  he ex not only fcked up her credit but her kids.  nice guy huh.  anyway she is cleaning it up and writing checks to everyone, the queen of pfd ha-ha.  of course I am trading sex for my services so it all good lol.  will hit up ax first but I think its gone too far

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Sounds like a friend of mine.

She should pay it off. Have her call Ax directly.

[bourgogne]

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@sjt wrote:

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@bourgogne wrote:

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@Anonymous wrote:

This is nuts. How do people that make this much money let their credit go? I've had years where I had 300K+ in my hands thanks to an inheritance as part of it, and I made every last payment on all of my accounts to get them either PFD, or paid-charge off to help rebuild. Are you sure she is not lying. If she really has the money, AX im sure will let her pay the whole amount and maybe get another card in a couple of years. Then again with that kind of income, who really needs credit

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don't get me started lol.  I have known her for years, 3+ decades.  she comes from wealth and is very successful in her own right.  he ex not only fcked up her credit but her kids.  nice guy huh.  anyway she is cleaning it up and writing checks to everyone, the queen of pfd ha-ha.  of course I am trading sex for my services so it all good lol.  will hit up ax first but I think its gone too far

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Sounds like a friend of mine.

She should pay it off. Have her call Ax directly.

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even if there is a law firm, judgement and garnishment?  this is what I have wanted to know all day - is the judgement sound and what is the course of action.  can ax undo all the legal mess is the real question if she does a full payment ??

[sjt]

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@bourgogne wrote:

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@sjt wrote:

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@bourgogne wrote:

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@Anonymous wrote:

This is nuts. How do people that make this much money let their credit go? I've had years where I had 300K+ in my hands thanks to an inheritance as part of it, and I made every last payment on all of my accounts to get them either PFD, or paid-charge off to help rebuild. Are you sure she is not lying. If she really has the money, AX im sure will let her pay the whole amount and maybe get another card in a couple of years. Then again with that kind of income, who really needs credit

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don't get me started lol.  I have known her for years, 3+ decades.  she comes from wealth and is very successful in her own right.  he ex not only fcked up her credit but her kids.  nice guy huh.  anyway she is cleaning it up and writing checks to everyone, the queen of pfd ha-ha.  of course I am trading sex for my services so it all good lol.  will hit up ax first but I think its gone too far

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Sounds like a friend of mine.

She should pay it off. Have her call Ax directly.

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even if there is a law firm, judgement and garnishment?  this is what I have wanted to know all day - is the judgement sound and what is the course of action.  can ax undo all the legal mess is the real question if she does a full payment ??

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Paying Amex will clear the debt, get the garnishment withdrawn, and update her CR but it wont erase the fact their was a judgement. Depending on the jurisdiction, you could try and get the judgement vacated. She should consult with an attorney to go over all her options and formulate a stradigy.