topic Re: my best option? in Rebuilding Your Credit

my best option?

Anonymous — Fri, 22 Jan 2016 14:02:19 GMT

Hi.

My case is this.

found out on a credit report I have a judgment on me for a total of: $9000

they come from 3 CC debts, even though the balance was about $2000 combined, but I guess late payments and interest are add it.

my record shows

CC #1. Closed, balance $0 last payment 08-14-2006

CC #2. Closed balance $0 last payment 04-04-2007

CC #3 Closed balance $0 last payment 01-16-2008

judment filed 02-09-2014 in NJ ( it has a 6year SOL)

what are my best choices for action now?

I will like to take action to clean and start again. I have been out of the country most of the time (dealing with personal problems). I comming back to

start all over again. as you know beginnings are tough so i rather ry to safe as much so i can get things moving again.

What will be my best options here?

thanks for your time.

Re: my best option?

Anonymous — Fri, 22 Jan 2016 14:10:36 GMT

I just found out by doing a court search on myself that I have a Judgement by default of 14k plus 12% interest since 2009. It NEVER made it to my credit reports in 7 years. It most likely will make it there sooner or later. I called the Attorney that sued me because I want to clear it up (settle and pay). The Attorney told me that they sold it to Calvary Portfolio and that he would let them know. I still have not heard anything. So here I am calling and wanting to resolve this and still have not heard. I know Calvary will eventually send me something. It is my debt and I want to resolve it like I have on everything else.

If it's your debt, you have a few different choices. 1.) Don't poke a sleeping bear...2.) Call and get it resolved.

Re: my best option?

Anonymous — Fri, 22 Jan 2016 14:16:49 GMT

thanks donny10.

yeah, i am trying to decide.

1- I don't know if the judgment on my record will affect me on getting jobs or house rentals which will be important.

2- I guess the reports will fall off since they are beyong SOL so thats good. But the judgment will stay there for long time.

thanks again.

Re: my best option?

AutoBot — Fri, 22 Jan 2016 14:20:51 GMT

Were you ever served papers for the lawsuit? Sounds like you didn't know about the judgement. I wonder what the law is in NJ regarding being served.

Re: my best option?

Anonymous — Fri, 22 Jan 2016 14:26:56 GMT

i woulnt know. i had to leave my apartment and left the country to attend personal problems.

Re: my best option?

Anonymous — Fri, 22 Jan 2016 14:29:15 GMT

@Anonymous wrote:
thanks donny10.

yeah, i am trying to decide.

1- I don't know if the judgment on my record will affect me on getting jobs or house rentals which will be important.

2- I guess the reports will fall off since they are beyong SOL so thats good. But the judgment will stay there for long time.

thanks again.

You could settle it and then once satisfied go to the courts and file a motion to have it vacated. Did it (Judgement) just appear on your credit file recently?

Re: my best option?

Anonymous — Fri, 22 Jan 2016 14:32:10 GMT

@Anonymous wrote:
thanks donny10.

yeah, i am trying to decide.

1- I don't know if the judgment on my record will affect me on getting jobs or house rentals which will be important.

2- I guess the reports will fall off since they are beyong SOL so thats good. But the judgment will stay there for long time.

thanks again.

A Judgement will/could be a problem applying for a mortgage. Depending on the position of employment such as financial responsibilities it could cause you issues.

Re: my best option?

AutoBot — Fri, 22 Jan 2016 14:39:54 GMT

@Anonymous wrote:
i woulnt know. i had to leave my apartment and left the country to attend personal problems.

That's too bad. In NJ it looks like the summons needs to be delivered to a person (individiual, individual's attorney, or anyone 14 or above that resides at same residence). They can't just leave the summons somewhere.

Re: my best option?

Anonymous — Fri, 22 Jan 2016 14:42:31 GMT

I don't plan to buy house anytime soon. and my jobs possibilities are art related so nothing big. I worry more about renting apartments, applying for a teaching job someplace, having paychecks garnish, stuff like that.

questions.

1- bad CC closed should come off my records by this time right? ( i do have good records in there so that should help)

2- what should i try to do about the judgment?

a-should I try to find out what CC i was sued for? (with the court or the CA?)

b- does it look like I might have a chance to vacate or dismiss? (remember i been out of the country for few years)

c- just leave it alone.

Trying not to make a mistake here and solve what i can.

THANK YOU!!!

Re: my best option?

Anonymous — Fri, 22 Jan 2016 14:44:41 GMT

@AutoBot wrote:
@Anonymous wrote:
i woulnt know. i had to leave my apartment and left the country to attend personal problems.

That's too bad. In NJ it looks like the summons needs to be delivered to a person (individiual, individual's attorney, or anyone 14 or above that resides at same residence). They can't just leave the summons somewhere.

Of course they can just leave it anywhere. It's called "Sewer Trash". I was never served either, I had moved out of state but they claim to have delivered it to my last address at the time. I'm not gonna fight it because utlimately it's my debt and I will pay it.

Re: my best option?

Anonymous — Fri, 22 Jan 2016 14:49:44 GMT

@Anonymous wrote:
I don't plan to buy house anytime soon. and my jobs possibilities are art related so nothing big. I worry more about renting apartments, applying for a teaching job someplace, having paychecks garnish, stuff like that.

questions.

1- bad CC closed should come off my records by this time right? ( i do have good records in there so that should help)

2- what should i try to do about the judgment?
a-should I try to find out what CC i was sued for? (with the court or the CA?)
b- does it look like I might have a chance to vacate or dismiss? (remember i been out of the country for few years)
c- just leave it alone.

Trying not to make a mistake here and solve what i can.

THANK YOU!!!

The two options that I gave you are your only choices if THE DEBT IS YOURS. If you are unsure if the debt is yours then you do need to investigate it. If it is Judgement by default and you find that it is your debt it won't be vacated until satisfied (if the court even allows it to be vacated, no promises there either). If you can prove you were never served, it won't make the debt go away. At the very least it will start the court process over again.

Re: my best option?

Anonymous — Fri, 22 Jan 2016 14:57:46 GMT

you are right. I just want to fix it in the best way possible. For example, if i was sued for 2 CC that were past the SOL already then i can avoid that and only deal with the one I legally have to. I am just trying to use any help I can get from the situation, not trying to justify my wrongs, but i need any help i can get. this is CA anyways, so I don't feel to bad if they don't make extra money from a few of us.

thanks again.

Re: my best option?

Anonymous — Fri, 22 Jan 2016 15:03:18 GMT

@Anonymous wrote:
you are right. I just want to fix it in the best way possible. For example, if i was sued for 2 CC that were past the SOL already then i can avoid that and only deal with the one I legally have to. I am just trying to use any help I can get from the situation, not trying to justify my wrongs, but i need any help i can get. this is CA anyways, so I don't feel to bad if they don't make extra money from a few of us.

thanks again.

I am assuming they sued and got the Judgement by default before the SOL expired on the original debt is this correct? You can avoid anything you want for as long as you want. A Judgement can stay in effect in my State of Massachusetts for 20 years and then be renewed again. The Judgement will stay on your credit report for 7 years from time of issue. Mortgage lenders and others can still and will find that you have a Judgement as it is Public Record until it expires naturally.

Re: my best option?

Anonymous — Fri, 22 Jan 2016 15:05:48 GMT

Also understand that the CA can enforce the Judgement. Such as Levy Bank accounts and Garnish your salary as well as attaching liens on property and vehicles. And in EXTREME cases a Sheriff can come to your house and list the contents of everything in your house for it's value. Although it sounds extreme. A Judgement with an execution of writ allows them to do these things.

Re: my best option?

Anonymous — Fri, 22 Jan 2016 15:09:19 GMT

from the 3 CC i had seems like one of them was still under SOL time, that's what i am trying to figure out, if there was any wrong doing on their parts and what I could do about it.

my Original post shows all the dates and details (being out of the country seems like is a factor that my affect me, don't know for sure)

thank you..fun talking about this. hope to understand more soon.

Re: my best option?

Anonymous — Fri, 22 Jan 2016 15:13:16 GMT

Get your free credit report from www.annualcreditreport.com. That will give you RAW footage and everything you need to know about DOFD ect...ect....ect....

Re: my best option?

Anonymous — Fri, 22 Jan 2016 15:38:36 GMT

Get your www.annualcreditreport.com. This will give you raw footage of that information. I'm thinking they may not be on that credit report if it's past 7 years plus 180 days.

Re: my best option?

Anonymous — Fri, 22 Jan 2016 15:55:54 GMT

@Anonymous wrote:
Hi.

My case is this.

found out on a credit report I have a judgment on me for a total of: $9000

they come from 3 CC debts, even though the balance was about $2000 combined, but I guess late payments and interest are add it.

my record shows

CC #1. Closed, balance $0 last payment 08-14-2006
CC #2. Closed balance $0 last payment 04-04-2007
CC #3 Closed balance $0 last payment 01-16-2008

judment filed 02-09-2014 in NJ ( it has a 6year SOL)

what are my best choices for action now?

I will like to take action to clean and start again. I have been out of the country most of the time (dealing with personal problems). I comming back to
start all over again. as you know beginnings are tough so i rather ry to safe as much so i can get things moving again.

What will be my best options here?

thanks for your time.

Well, the first obvious question here - Where are you living NOW? Are you back in NJ? If so, you need to fight this for improper service. It being relatively recent, there is a good chance you can do that, but I'm not certain what the time limit is in NJ. The bad thing here is this is NOT going to drop soon, it was file in 2014, so it will hang on your reports until 2021. Judgement go from the filing date, not the DoFD of the debt.

Re: my best option?

Anonymous — Fri, 22 Jan 2016 15:59:33 GMT

@Anonymous wrote:
from the 3 CC i had seems like one of them was still under SOL time, that's what i am trying to figure out, if there was any wrong doing on their parts and what I could do about it.

my Original post shows all the dates and details (being out of the country seems like is a factor that my affect me, don't know for sure)

thank you..fun talking about this. hope to understand more soon.

You would need to first file a motion to dismiss on grounds of improper/fraudulent service. If you can get that to fly, you are home free, as all of those are well past the SOL, and should they attempt to re-file the suit, you would use that as your defense.

Re: my best option?

Anonymous — Fri, 22 Jan 2016 16:05:23 GMT

@Anonymous wrote:
@Anonymous wrote:
from the 3 CC i had seems like one of them was still under SOL time, that's what i am trying to figure out, if there was any wrong doing on their parts and what I could do about it.

my Original post shows all the dates and details (being out of the country seems like is a factor that my affect me, don't know for sure)

thank you..fun talking about this. hope to understand more soon.
You would need to first file a motion to dismiss on grounds of improper/fraudulent service. If you can get that to fly, you are home free, as all of those are well past the SOL, and should they attempt to re-file the suit, you would use that as your defense.

Norman, I was told by three seperate Attorney's that YES if you can prove that you were improperly served you can get the Judgement vacated, but not the debt. The court process can start over regarding the debt. This was Massachusetts Attorney's. Not sure how it works in other states. If the Lawyers are being lazy with me, please enlighten me so I can follow up with them on my issue.