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Default Judgement

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vV35Hszm
Contributor

Re: Default Judgement


@Anonymous wrote:

Yes , it may not appear on credit report but it still exists. A bank doing search for mortgage or an employer using third party search company will pick it up 

 

it most states, judgments accrue interest at 9% plus. 


So if you don't have an "employer" it's pretty easy to evade?  Better to purchase property through an LLC anyway.

Message 11 of 17
Anonymous
Not applicable

Re: Default Judgement

If they committed sewer service you probably have a good FDCA case. A good consumer attorney ( who will not cost you anything)  they usually only take cases they can win and get a settlement.  What they can due is trade the FDCA claim and get the judgement removed and never to be acted on again.  DW has made well over $10K in FDCA cases because another person has a similar name and the debt collector would not listen.    They thought two people 50 miles part  similar  name, similar birthdates, same line on work  impossible. Then they got to pony up in Federal  court. DW is in on web recon, a list of people who regularly sue bill collectors.  Last year she got her LV handgbag paid for out of a settlement. It was not cheap/ 

Message 12 of 17
coldfusion
Community Leader
Mega Contributor

Re: Default Judgement


@vV35Hszm wrote:

@Anonymous wrote:

Yes , it may not appear on credit report but it still exists. A bank doing search for mortgage or an employer using third party search company will pick it up 

 

it most states, judgments accrue interest at 9% plus. 


So if you don't have an "employer" it's pretty easy to evade?  Better to purchase property through an LLC anyway.


Judgements are public records, the data miners will capture yours and broker it and LexisNexis and all the other data aggregators will place it online to make it easy for their subscribers to access.  Don't count on being able to evade the problem.

 

Ever applied for credit and get shunted to a verification page asking multiple choice questions about the color of your car,  your previous address,  your insurance carrier, and the holder of your mortgage?   Data aggregators at work.....

 

If you work with lawyers it shouldn't be difficult to get recommendations for a lawyer or lawyers near you tha have the necessary experience.

 

(3/2024)
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Artist formerly known as the_old_curmudgeon who was formerly known as coldfusion
Message 13 of 17
wa3more
Established Contributor

Re: Default Judgement

If this is original creditor,  they will not be liable under FDCPA.

 

Cold is right, a 3rd party data miner will pick this up in 30 seconds. Also, i don't think many lenders will allow a a mortgage in an LLC's name. They want recourse to go after the individual if loan goes bad.

 

OP's best bet is filing an order to show cause.

Message 14 of 17
vV35Hszm
Contributor

Re: Default Judgement

 wrote:

If this is original creditor,  they will not be liable under FDCPA.

 

Cold is right, a 3rd party data miner will pick this up in 30 seconds. Also, i don't think many lenders will allow a a mortgage in an LLC's name. They want recourse to go after the individual if loan goes bad.

 

OP's best bet is filing an order to show cause.


Thanks - as I don't expect to ever need a mortgage this may be a non-issue.

Message 15 of 17
wa3more
Established Contributor

Re: Default Judgement

what state you in ?

Message 16 of 17
Anonymous
Not applicable

Re: Default Judgement

I am not a lawyer, but here is my advice:
1. Make a post on avvo.com. only lawyers can answer, it's free and while they will likely tell you talk to a lawyer they have always also given me great advice. They can help walk you through what you need to do. Paying for their services also makes sense because the judgement is for $3k but it still accrues interest and collection fees. This can get expensive! Can you pay the judgement? For such a small amount, maybe it's better to pay it if you can rather than stand on principal.
Where I am the judgement is good for a long time then it can also be renewed. Plus they can take you to court for discovery in which you will be obligated to tell them the truth about where your money is and provide any financial documents or information they ask for. Having liens on bank accounts suck and so would have to constantly move your money around to evade them.
It's just a matter of if you want to take the time to dispute it or if I would be more worth your time to just pay it. I would never just ignore it; that doesn't make it go away.
Message 17 of 17
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