Civil Judgement?

[Anonymous]

I owed about 1400. to Cap One including interest, fees, etc.. In Dec 09 I received a letter from sheriffs office, stating I will be taken to court if I do not pay Cap One.  So I contact sheriffs office they tell me that I will not have to go to court if I make arrangements to pay Cap One.. So, that's what I did, I paid $100 a month per agreement.  In Feb, I receive a letter stating I will be taken to court if I do not pay, I contact Cap One, they tell me it was sent in error I am making payments, no prob  In March I pay the entire payment in full.  They send me a letter a month later stating I still owe 29.00 to satisfy payment in full,.  I do not agree w/ this but I pay the 29. in hopes that I would get a paid in full on report but that did not happen Settled for less than full balance.......  Anyways, About 5 months later, My credit score bottoms out I notice a civil judgement from Cap one on my credit report... Can I dispute this since I made arrangements, never had to go to court or is it still considered a judgement since I received the paper work???  I am confused  and frustrated about this entire situation, they charged me 4 times what I owed...  Made me pay extra after giving me an amount in the first place, and place a civil judgement on my credit report.  I understand I put myself in this situation but geez...  Any info would be appreciated!

[MattH]

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@Anonymous wrote:

I owed about 1400. to Cap One including interest, fees, etc.. In Dec 09 I received a letter from sheriffs office, stating I will be taken to court if I do not pay Cap One.  So I contact sheriffs office they tell me that I will not have to go to court if I make arrangements to pay Cap One.. So, that's what I did, I paid $100 a month per agreement.  In Feb, I receive a letter stating I will be taken to court if I do not pay, I contact Cap One, they tell me it was sent in error I am making payments, no prob  In March I pay the entire payment in full.  They send me a letter a month later stating I still owe 29.00 to satisfy payment in full,.  I do not agree w/ this but I pay the 29. in hopes that I would get a paid in full on report but that did not happen Settled for less than full balance.......  Anyways, About 5 months later, My credit score bottoms out I notice a civil judgement from Cap one on my credit report... Can I dispute this since I made arrangements, never had to go to court or is it still considered a judgement since I received the paper work???  I am confused  and frustrated about this entire situation, they charged me 4 times what I owed...  Made me pay extra after giving me an amount in the first place, and place a civil judgement on my credit report.  I understand I put myself in this situation but geez...  Any info would be appreciated!

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Call a lawyer before the close of business today. Failure to speak with a lawyer today could cost you much more than it would cost for a lawyer to help you deal with this matter.  Do not rely on advice from any Internet forum.  Do not rely on books.  Talk to a lawyer in your local jurisdiction who is familiar with your local laws and can be told all details of your specific situation.

[Anonymous]

Yes, your best plan is to contact an attourney and figure out if Crapital One proceded with it's civil case against you,, and if so, you failed to appear in court after starting your payment plan they won a defaul judgement, that in essence was a waste in time on their part .... 

If that's the case, you can file a motion to vacate the judegement due to the fact you entered into a payment plan with em'  and paid them off, and hope it gets vacated ...

Gotta' luv CrapOne sometimes, NOT ,

Good luck ..

,,

[RobertEG]

We still have a document called the U.S. Constitution, which mandates your ability to appear in court and defend any civil or criminal action.

Your ability to do this requries that you be served notice prior to trial., affording you the ability to appear offer your defense.

Judgements should not just appear.
Was notice ever filed with you?  Did their civil proceeding that supposedly resulted in a judgment provide evidence of failed attempt at service?

Did they disclose, in court, the presence of your contract agreement with them, and your payment in compliance with that agreement?

Of course not, for if they had, they would have no prima facie case of facts to support a civil action, let alone a judgment by the court.

I agree.  Get an attorney.

[Anonymous]

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@MattH wrote:

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@Anonymous wrote:

I owed about 1400. to Cap One including interest, fees, etc.. In Dec 09 I received a letter from sheriffs office, stating I will be taken to court if I do not pay Cap One.  So I contact sheriffs office they tell me that I will not have to go to court if I make arrangements to pay Cap One.. So, that's what I did, I paid $100 a month per agreement.  In Feb, I receive a letter stating I will be taken to court if I do not pay, I contact Cap One, they tell me it was sent in error I am making payments, no prob  In March I pay the entire payment in full.  They send me a letter a month later stating I still owe 29.00 to satisfy payment in full,.  I do not agree w/ this but I pay the 29. in hopes that I would get a paid in full on report but that did not happen Settled for less than full balance.......  Anyways, About 5 months later, My credit score bottoms out I notice a civil judgement from Cap one on my credit report... Can I dispute this since I made arrangements, never had to go to court or is it still considered a judgement since I received the paper work???  I am confused  and frustrated about this entire situation, they charged me 4 times what I owed...  Made me pay extra after giving me an amount in the first place, and place a civil judgement on my credit report.  I understand I put myself in this situation but geez...  Any info would be appreciated!

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Call a lawyer before the close of business today. Failure to speak with a lawyer today could cost you much more than it would cost for a lawyer to help you deal with this matter.  Do not rely on advice from any Internet forum.  Do not rely on books.  Talk to a lawyer in your local jurisdiction who is familiar with your local laws and can be told all details of your specific situation.

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Contrary to what some believe, the world is not ending.

One of the first things to do is make a clear, legible chronology of everything from the moment your CrapOne account went into default. 

The fact that you say it was the sheriff's department that contacted you and encouraged you to pay CrapOne would tend to reinforce the belief that the judgment existed prior to December 2009.  Failing that, a law enforcement agency has absolutely no place in assisting a creditor to collect a debt.  Contact the court clerk and get copies of the entire file including a copy of the actual judgment and the proof of service.  There may be a chance you were not properly served and could attack the judgment. 

Further, if at the time you received the notice that CrapOne told you to ignore they were initiating suit against you, there is possible liability on the part of CrapOne for deliberately misleading you.  If CrapOne was using a collections agency at this time, there is also likely a FDCPA violation.

The extra amounts over the original balance you paid could have been the result of interest, legal fees and court costs related to the judgment.  What is the date of judgment showing on your credit report? 

Once you have sorted through a chronology and obtained available court records on any possible judgments, then you can decide if you have any legal remedies.  Meanwhile, the implications that you may be in imminent harm are simply and totally unfounded hysterics.