uptomyneck wrote:
I live in Georgia and am in the midst of trying to send out PFDs and get my bad credit cleared up. I have one more bad account that I'll be able to pay in full within 30 days. But, I got a letter today from american general that if I didn't pay the whole balance within a week they would seek a judgement against me. How long does it take to get a judgement?
I've read mixed things on the boards, but if worst comes to worst, is it likely I would be able to get a judgement removed with a PFD?
They are trying to scare you, because that's their job. They may be just threatening to sue (which technically is illegal if they have no intention of actually doing so). Here's how they can get a judgment:
1. They threaten you as long as they can, hoping you will pay. They don't want to sue you because it's expensive for them as well as time-consuming.
2. If they give up trying to scare or coerce you into paying, they can sue you.
3. If they sue you, they have to follow certain procedures like serving you properly with the papers. That could take a while if you manage to dodge them successfully.
4. It probably takes at least a few weeks to get a court date.
5. If you hire an attorney, the attorney may be able to throw all kinds of delay tactics at them. Better yet, the attorney may be able to negotiate a settlement (which would include deletion from your CRs).
6. If it goes to trial and you don't show up (this is the WORST thing you can do) they automatically get a judgment. If you show up you have some chance (obviously much better if you have an attorney) of defending yourself and maybe even getting it tossed.
7. Even if they get a judgment against you, then they have to enforce it. They can garnish your wages or bank account, but it might take them a while to find out where you work or bank. But at this point it becomes pretty serious stuff.
So the whole process can take a while, but the end result is ugly, so see what you can negotiate with them at this point.
