How do I pay a judgement?
10-29-2008 07:07 PM
Re: How do I pay a judgement?
10-29-2008 10:33 PM
Do what is true in spite of the consequences--your future is only as true as you are.
Re: How do I pay a judgement?
10-29-2008 11:19 PM
I'm not exactly sure what vacate means. Does this mean they can't refile after the SOL? Also, can I mandate that the account be deleted from my credit report as a condition of my paying the judgment? I've adapted the PFD letter that I found on this site. Does this sound reasonable?
This letter is in regards to a judgment held against me by CREDITOR.
I am willing to pay this account IN FULL (or settlement percentage) if you agree to immediately vacate the judgment and delete this account from any and all credit reporting agencies (Equifax, Experian and TransUnion).
If you agree to the terms and accept this agreement, certified funds for the settlement amount of DOLLAR AMOUNT will be sent to CREDITOR in exchange for immediate vacation of the judgment. As certified funds will be used for payment, there shall be no waiting period regarding the vacation of the judgment.
CREDITOR agrees to vacate the judgement regarding this account WITHIN TEN CALENDAR (10) DAYS following receipt of payment as specified above and will not discuss the terms of this settlement with anyone. If contacted by any third party, including credit-reporting agencies, CREDITOR will not acknowledge that any settlement offer was made, accepted or executed and will, in fact, deny knowledge of any such account.
If you agree to the above terms, please prepare a letter on your company letterhead explicitly agreeing to the same terms as the above settlement offer and have it signed by an authorized representative of CREDITOR. It will be implied that this letter shall constitute a legally binding contract, enforceable under the laws of my state.
I'm not sure how any of this works to be honest. Thank goodness it's the only judgment on my report. Can a judgment be removed like any other accounts? (Assuming the creditor is up for it, that is.)
Re: How do I pay a judgement?
10-30-2008 12:26 AM
i'm not expert, but you should ask the court clerk if they have a standard form to vacate judgements or you might need to ask an attorney what is the normal practice in your court.
then you should get the motion to vacate filled out - with a space for the creditor to co-sign with you.
then in your letter you should reference a request to cosign the motion to vacate and attach a copy to it.
when then check gets cashed the creditor should send the form signed back to you and you can present it to the court. in some cases there is a hearing, in many cases not and the judge just grants it.
but proper legal or court clerk advise is necessary to understand exactly how to proceed in your jurisdiction.
Thank you MyFico!
Re: How do I pay a judgement?
10-31-2008 06:30 PM
hschiel wrote:
One last question. My credit report shows the creditor who obtained the judgment and the name of their law firm, but not the court. Since this took place over four years ago, how do I go about getting this information?
It should have been filed in your local court unless you had moved from the state after opening the account.
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Re: How do I pay a judgement?
10-31-2008 06:50 PM
Re: How do I pay a judgement?
10-31-2008 07:42 PM
Have you ever lived in Missouri? Did the contract get signed in Missouri? Were you properly served?
If none of the above you shouould ask to vacate the judgement for improper venue in violation of the FDCPA, and lack of proper process - I believe.
Thank you MyFico!
