First Consumers help!

[SmartCookie]

Hi Dave,

This is something you can do yourself if you are willing to do the legal research and legwork.  I would not if I were you... too much of a headache.   A lawyer should be able to get this straightened out for a few hundred bucks.   You do not need a consumer affairs lawyer but one would be fine.  You can go thru naca.net, personal referral, or any Legal Aid type referral service for names.  If you are in lower NYS I can give you a referral if you wish just PM me.  This judgement now supercedes any DV or disputes and needs to be handled like any other judgement that cannot be vacated.  I still suggest DVing every CA item you have received so that you have all of the information that they do (well, as much as they will give you).  They might blow you off, and they sorta can.  You need to get together any information regarding the situation that you can including proof that you tried to dispute.  If you can get this, you might be able to counter-sue but honestly it does not look good from what you are saying.  Still, this does not change the judgement issue.

Essentially, you will have to pay this because at the very least, this will just follow you around and haunt you.  The debt collecting 6 year SOL for NY has nothing to do with this.  The SOL for an unpaid judgement is 10 years for you, and it can be renewed.  Seems like you missed your opportunity to have it vacated as that would have had to have been done within 1 year of when the original was filed.  So, they potentially have a 20 year window to collect.  And, should you have acknowledged this to them in writing, the SOL resets for another 10 years.  So, potentially a 30 year window.

They can seize your bank accounts and absolutely any assets you have.  It is considered a lien on your house, paid mortgage or unpaid.  You will not be able to re-fi or sell.  It is really in your best interest to pay this ASARP.  Hopefully they will settle for a smaller amount and remove the then satisfied judgement.  Good luck!

I am not an attorney and this is not legal advice.  You are responsible for your own homework.  If you are needing solid legal advice please consult a solid attorney. 

Message Edited by SmartCookie on 12-24-2007 10:46 PM

[Anonymous]

Well, we are talking about FCNB here and Eltman, Eltman, and Cooper (Erin Capital)--from what I have been reading, they are a horrible place to work out any arragements with and are pretty much scam artist. I checked the Better Business site and they have a pretty shoddy rep there as well for cheating consumers,

I really don't look forward to dealing with them.

So, you are saying that they can possibly force a sale on my $80,000.00 home to recoup a $3,000.00 claim?

Thanks,

Dave

Message Edited by DaveinNY2 on 12-25-2007 05:19 AM

[Anonymous]

More than likely they cannot force a sale - but they can place a lien (they have no security interest to force a sale) - and when you sell or refi they get paid.  The courts tend to protect homes more than other assests (even bankruptcy does this). Talk to an attorney on a free consult - to be blunt, ignoring this has gotten you where you are now - do not continue to ignore it!

[Anonymous]

Yes, you are very correct. Ignoring it has gotten me here. I looked up the actual date of the credit card and it dates back to 1996, I was 19 years old at the time and really ignored a lot of money issues then. One reason why kids should not be allowed credit cards until 21 IMHO.

Anyway, it could not really have done too much damage then---I bought a house 5 years later. I have a question to your post above. If they cannot force a sale of my home due to not having any security interest--then how could they seize my car? (I don't have a car they can take--its in my wifes name, but this is hypothetical).

I have not really looked at my credit report either. Thing is, I have never seen it, nor have any idea of how to acquire one. How do I get one?

Thanks again,

Dave

Message Edited by DaveinNY2 on 12-25-2007 07:35 AM

[Anonymous]

Get your free report   https://www.annualcreditreport.com/cra/index.jsp

Let us know if this judgment is really on your report.......pulling a CR is the only way to know!

[Anonymous]

Hello again everyone! Hope you all had a good holiday!

I took your advice and pulled my CR. I had to look at all 3 reporting agencies to find the Judgement as it was listed only on the Equifax one. The thing is, the letters I have been getting from Erin Capital/Eltman, Eltman, and Cooper--all list the Judgement date as March of 2004 and the CR list it as April of 2005?

I know this account was from a date prior to 1998--could they still have filed this even though it was legally past the SOL?

Thanks,

Dave

Message Edited by DaveinNY2 on 12-26-2007 01:23 AM

[SmartCookie]

Hi dave,

Go to annualcreditreport.com and pull your 3 reports again online OR call in and have them mailed to you.  Those are the once a year (in NY) FACTA reports and you'll be able to check more detailed info on the judgements for free.  They should also show the docket number and court, so you can call them if you wish to ask details.

I do not know why the CA and the CBR are showing different dates for the judgement but I'd go with the one on EQ.  Are they showing the same case#s?  They may or may not have filed within collecting SOL.  There is no law against that.  Unfortunately, if they did file out of SOL the judgement still stands.  You'd have had to have been there to tell the judge it was out of SOL and have it dismissed (then the judgement would never have happened), or you would have had to request that the judgement be vacated within 1 year of filing based on the SOL issue plus your inability to be at the hearing due to health reasons. 

At this point all you can do is try to settle (or PIF) and dismiss.  I completely recommend getting any and all paperwork together that you can and finding an attorney that will give you a free consult.