topic Re: remedial judgment question in Rebuilding Your Credit

remedial judgment question

Anonymous — Wed, 16 Sep 2009 17:28:26 GMT

I have a judgment on my CR from 2003. It has never been paid and there have so far been no collection efforts. My understanding is that they are reported to the CRA's by intermediary organizations between the CRA and courthouses...meaning that there is no involvement whatsoever on the part of the plaintiff. If this is correct, then I can dispute this without having to worry that they will go to the plaintiff for verification. Am I correct in this assumption? I'm trying to work on this without stirring up any collection efforts. Thanks for any help.

Re: remedial judgment question

Anonymous — Wed, 16 Sep 2009 20:00:21 GMT

Interesting that I should bring this up...just a few moments ago I had a call from an odd number with an area code I'm unfamiliar with. I answered and the lady said she was with Hidden Oak Group and was collecting on a judgment from 2003 from MBNA. She informed me that the judgment is still valid and offered to settle at 50% spread over 3 payments if I so choose. I told her to send me the terms of the settlement. She seemed perturbed and the conversation ended pretty abruptly.

Odd thing is, a while back I received a collection letter from Hidden Oak Group for the same amount of money...but it stated that the account was on an old Capital One Bank account. I just ignored it because my Cap 1 cards are both current without any lates. I have never missed a payment with them. Evidently it was just an attempt to trick me into calling them.

Re: remedial judgment question

Anonymous — Wed, 16 Sep 2009 23:45:57 GMT

Regarding the situation I described above, why would they be trying to settle if a judgment has already been issued? Seems odd to try to settle for 50% when they are legally entitled to collect 100% with interest. Not that I'm complaining or anything...

Re: remedial judgment question

Underh20 — Thu, 17 Sep 2009 10:21:29 GMT

@Anonymous wrote:
Regarding the situation I described above, why would they be trying to settle if a judgment has already been issued? Seems odd to try to settle for 50% when they are legally entitled to collect 100% with interest. Not that I'm complaining or anything...

Some judgment creditors understand that just having a judgment doesn't always put cash in their pocket. You'd be surprised at how often judgments never get satisfied and / or ultimately rendered worthless by the statute of limitations.

Re: remedial judgment question

Anonymous — Sun, 20 Sep 2009 00:08:02 GMT

Do I have to be notified in some way if a judgment is domesticated to my current state?

And also, if the judgment has been assigned to someone other than the original plaintiff, does this have to be done through the same court from which the original judgment was issued?

Re: remedial judgment question

Underh20 — Sun, 20 Sep 2009 04:40:52 GMT

@Anonymous wrote:
Do I have to be notified in some way if a judgment is domesticated to my current state?

And also, if the judgment has been assigned to someone other than the original plaintiff, does this have to be done through the same court from which the original judgment was issued?

In most states you do not need to be notified until after the judgment has been entered locally. Once entered, it is usually not enforceable until after you have been served. Once served, you usually have 30 days to file a motion to vacate. Grounds for vacating a domesticated judgment are far more stringent than if you filed a motion to vacate in the originating state.

There are many types of money judgments, but basically, in most states, the judgment creditor does not have to be notifed. There is a usually very simple form that must be executed and filed with the court clerk where the original judgment is docketed. If a judgment has been domesticated in a sister state, the assignment of judgment needs to be filed where last docketed.

Re: remedial judgment question

Anonymous — Wed, 23 Sep 2009 11:50:36 GMT

does anyone know how many continuance you can get in a local court. I want to pay my judgement in full before the date but i have gotten one continuance. Not paid in full yet and need a little more time. Lady working for local tax place told me to go back in and tell them i intend to defend or litigate and they will give me a new date. Anyone know. They said as long as paid before date of hearing there will be no judgement.

Re: remedial judgment question

Underh20 — Wed, 23 Sep 2009 13:03:37 GMT

@Anonymous wrote:
does anyone know how many continuance you can get in a local court. I want to pay my judgement in full before the date but i have gotten one continuance. Not paid in full yet and need a little more time. Lady working for local tax place told me to go back in and tell them i intend to defend or litigate and they will give me a new date. Anyone know. They said as long as paid before date of hearing there will be no judgement.

It depends on the court. If you are without legal representation, the courts may be more prone to let you have a continuance. I'd tell them you are, as you mentioned, intending to defend yourself, but have trouble obtaining counsel.

Of course, if your intent is to pay the debt off before the court hears the matter, your creditor may be willing to help by requesting a continuance.