06-30-2012 10:36 AM
I have something odd going on with the judgments. Maybe you could shed some light. I received a letter from the CA who originally had the accounts that "went down" as judgments. It reads as follows:
We have been reviewing our records and are notifying individuals who have outstanding judgments. This letter is to advise you that our client has obtained a judgment for an unpaid debt plus any court costs, attorney's fees,and interest. Please contact our office to resolve this matter.
There is a $30.00 service charge on all returned checks.
For your convenience we offer check by phone and accept all major credit cards for payment on your account. For details please contact ______________ at ____________ or visit us at ___________.
This communication is from a debt collector. Yadda, yadda, yadda.........
That having been said, however, the court is listed as the creditor on my credit report and instructions say to pay by mail only and the court's address is provided. So, I don't know what I can and cannot do. Also, of note, the CA, I'm sure, did not follow the legal protocol as I never rec'd a summons to appear on either of these judgments. I believe I was entitled to act on my behalf before these became judgments.
Again, any help would be appreciated.
O.K. You are asking several questions in this thread. As it relates to your judgments, the first thing you need to do is consult with an attorney in your jurisdiction.
If you were never served with notice of the pending lawsuit, or in some manner notice was deficient or defective, then you may be able to have the default judgment set aside. There ARE very specific time lines regarding a motion to set-aside a default judgment. Speak to a civil attorney immediately.
If there is a default judgment against you, the judgment is owned and payable to the original creditor who held the debt or the original creditor's assign. You will generally, (I do not know your jurisdiction), need to deal with the original creditor who now has a default judgment against you in order to payoff the judgment. I would not pay anything on the judgment UNTIL you can determine if there are grounds to set-aside the default judgment. Save the money at this point to pay an attorney to set-aside the default judgment if possible. This would probably be your best use of money at this time. If you can get the judgment set-aside, it would be deleted from your CR. However, you will be placed in a position immediately prior to the set-aside, meaning if you had late pays on the bill they would probably, (or could be), reinstated.
If the default judgment can be set a side you can use the remaining money to pay the medical bills. Again, GET an attorney. The attorney may/should be able to help negotiate a settlement of the medical bills. In some jurisdictions, the law can/may provide for a reduction of medical bills and medical liens based on a percentage of attorney's fees paid in the original car accident lawsuit.
07-17-2012 01:17 PM
I just stumbled upon this and wanted to put in my two cents. I had a judgment against me for a past due HOA balance and worked directly with the attorney's office. After paying it off, I requested an Order to Set Aside Judgment. I emailed the attorney's office asking if it was possible to pay the balance off and get the order, which they did for a $100 filing fee. The judgment was a couple years old at the time and like you, I didn't get any summons or anything else.
I did not go through an attorney, and I don't think you necessarily need to go to the expense of getting one if you know you owe the money. You could offer to pay off a large portion of the balance in certified funds for an Order to Set Aside, which they may or may not do. If they don't, they will certainly grant one once you pay it off. It takes a few weeks to get it filed, but then they will give you the signed order and you can mail it to the three credit reporting agencies. My score jumped over 100 points.
This is just my experience, so it may be different for you, I just wanted you to know it's absolutely possible to do without your own attorney. Good luck.