topic Re: Satisfied judgement with a slight twist in Rebuilding Your Credit

Satisfied judgement with a slight twist

Anonymous — Thu, 11 Feb 2010 20:18:28 GMT

I am working hard on my baddies and here is another.

I had a landscaping account go to collections and was contacted by a CA (call them AAA Collections). I worked out a payment arrangement with them since it was my debt and at the time I did not know about PFD. I paid them in full. My CR shows an unsatisfied judgement for this debt and it shows with a different CA (call them DDD Collections).

I contacted DDD collections and let them know that I made arrangements with and paid this in full to AAA collections. They contacted AAA and verified that the debt was paid. DDD says that I need to come pick up paperwork with them and then take it to the court house to get the record updated to show the judgement is satisifed. Why aren't they responsible for reporting that? Is there a way to have this judgement removed? How was I sued for a debt that was being handled by a different CA? Isn't the judgement (even though satisfied) going to hurt me more over time than the collection would have?

Re: Satisfied judgement with a slight twist

Anonymous — Fri, 12 Feb 2010 21:12:13 GMT

Bump

Re: Satisfied judgement with a slight twist

LIGHTNIN — Fri, 12 Feb 2010 22:47:26 GMT

I do not know enough about judgements to help you, but i do have one question.

Were you ever served a summons, to go to court about this debt?

Re: Satisfied judgement with a slight twist

Anonymous — Tue, 16 Feb 2010 19:27:34 GMT

I don't recall ever seeing paperwork on a lawsuit and that is something I am sure would be hard to forget.

Re: Satisfied judgement with a slight twist

Anonymous — Tue, 16 Feb 2010 19:32:39 GMT

You would have gotten it via regular mail.

Re: Satisfied judgement with a slight twist

Itsmeagain — Tue, 16 Feb 2010 19:59:29 GMT

@Anonymous wrote:
I am working hard on my baddies and here is another.

I had a landscaping account go to collections and was contacted by a CA (call them AAA Collections). I worked out a payment arrangement with them since it was my debt and at the time I did not know about PFD. I paid them in full. My CR shows an unsatisfied judgement for this debt and it shows with a different CA (call them DDD Collections).

I contacted DDD collections and let them know that I made arrangements with and paid this in full to AAA collections. They contacted AAA and verified that the debt was paid. DDD says that I need to come pick up paperwork with them and then take it to the court house to get the record updated to show the judgement is satisifed. Why aren't they responsible for reporting that? Is there a way to have this judgement removed? How was I sued for a debt that was being handled by a different CA? Isn't the judgement (even though satisfied) going to hurt me more over time than the collection would have?

mojo, you DO NOT want the debt recorded as "Satisfied" you want the judgment VACATED. In addition, DDD has violated several sections of the FDCPA. If they have placed it on your credit report they are also in violation of the FCRA.

I suggest that you have no further contact with either AAA or DDD. You should first, go to the courthouse, court clerk's office and pull the file. Copy everything in the file.

Take your copies and your proof of payment to a good consumer attorney. Heck, even a BAD consumer attorney could handle this one. The attorney should not charge you. They will get a good payday from DDD.

Re: Satisfied judgement with a slight twist

Anonymous — Tue, 16 Feb 2010 20:46:08 GMT

Isn't the OC at fault here for sending the debt to two different CA? Can you explain little more about what violations DDD made? I just want to understand this a bit more.

If DDD filed the suit BEFORE the final payments were made to AAA does that make a difference? I believe (based on the info showing on my CR) that dates may have crossed. I will pull what I have regarding AAA. I may even need to contact AAA to get any paperwork they may be able to provide.

Re: Satisfied judgement with a slight twist

Anonymous — Mon, 22 Feb 2010 22:34:17 GMT

bump

Re: Satisfied judgement with a slight twist

Anonymous — Tue, 23 Feb 2010 03:59:31 GMT

Who is the judgment creditor listed on the judgment?

I would try to track down the chain of ownership of the account. If AAA sold it while you had a formal payment schedule worked out with them, they had no business in selling the debt to DDD. Also, DDD had no standing to file suit against you. Do you recall being served at all?

I would file a Motion to Vacate based on defective service and lack of venue. The court has no venue to hear a case that doesn't even exist.

In the meantime, you should know that it is the judgment creditor's obligation to file a satisfaction of judgment within a certain period of time (usually 14 days) after the judgment has been satisfied or, in some jurisdictions, after you have told the judgment creditor to have the judgment satisfied. You have no obligation at all to pick up any documents and deliver them to the court. Failure to do so can be actionable.

Re: Satisfied judgement with a slight twist

Anonymous — Wed, 24 Feb 2010 16:54:27 GMT

The Creditor on the judgement is DDD on behalf of a landscaper. I am trying to resolve the dates but it is starting to look like DDD had it, and filed suit prior to my arrangement and payment with AAA so I don't know how AAA even got the account at this point.

I don't recall being served at all. What I have gathered is that it would have just come in the mail from the court.

I sort of figured it was DDD's responsibility to report the information. Since the debt has been satisfied since 2008 and they haven't closed it in any way, I can file a countersuit? What are the grounds? I have only found one consumer attorney here in my town, so it sounds like I need to gather everything up and take it to them.

Re: Satisfied judgement with a slight twist

Anonymous — Thu, 25 Feb 2010 00:59:44 GMT

@Anonymous wrote:
The Creditor on the judgement is DDD on behalf of a landscaper. I am trying to resolve the dates but it is starting to look like DDD had it, and filed suit prior to my arrangement and payment with AAA so I don't know how AAA even got the account at this point.

I don't recall being served at all. What I have gathered is that it would have just come in the mail from the court.

I sort of figured it was DDD's responsibility to report the information. Since the debt has been satisfied since 2008 and they haven't closed it in any way, I can file a countersuit? What are the grounds? I have only found one consumer attorney here in my town, so it sounds like I need to gather everything up and take it to them.

First of all, personal service is generally required. That means that someone would have to personally had you the summons & complaint and at that time inform you what it was. There are times when "nail & mail" is allowed, but it can usually only be done if they cannot locate you and even then it is very easy to go in and have a judgment vacated when service was done via "nail & mail." "Nail & mail" involves the process server slipping a copy under your door or actually affixing it to your door and then mailing you another copy. If you have not been properly served, you could try to have the judgment vacated and have it ordered that the judgment creditor refund any money you have paid. Of course, they could sue you again, but the advantage is that a vacated judgment is removed from your credit reports and then you could immediately pay the creditor and prevent them from suing you and obtaining a new judgment.

Each state is slightly different, but usually the judgment creditor must have the judgment satisfied within a certain time frame (usually 2 weeks) after the judgment is paid. In many states they need to have the judgment satisfied within 2 weeks of the judgment debtor's written demand. To be safe, I'd send them a letter demanding that they satisfy the judgment within two weeks. If they do not, you would have a cause of action against them. You might even have a cause of action against them now, but you need to check with your state's civil procedure law on the requirements to satisfy judgments.

What state are you in?

Re: Satisfied judgement with a slight twist

Anonymous — Fri, 26 Feb 2010 19:53:55 GMT

I am in Colorado.

I am now attempting to get copies of all the records from AAA so I have all the information on the payment of the debt. I guess I still need to take some time off and go down to the court house to get the records there as well. I was never served personally. Of that, I am certain.

If I understand correctly, what I want is that the judgement be "vacated" vice "satisfied" since it's in my better interest.

Re: Satisfied judgement with a slight twist

Anonymous — Sat, 27 Feb 2010 00:23:07 GMT

@Anonymous wrote:
I am in Colorado.

I am now attempting to get copies of all the records from AAA so I have all the information on the payment of the debt. I guess I still need to take some time off and go down to the court house to get the records there as well. I was never served personally. Of that, I am certain.

If I understand correctly, what I want is that the judgement be "vacated" vice "satisfied" since it's in my better interest.

You are correct. Satisfied only means the judgment is no longer valid for collection of the debt. The debt has been paid. This will not get it off your credit report.

On the other hand, vacated erases the judgment as though it never existed. This will get it off your credit report.