Judgement

[Anonymous]

Hello I'm so new to this but I'm in need of some advice. Ok I just found out I have a judgement against doing the process of purchasing a home, unfortunately I was told I had to pay off the judgment before I can do anything else. Ok I didn't know anything about the judgement until now 2019. The courts served the address where I was born and raised but moved from that address when I was 18 years old. When I financed the car with this credit union that filed this judgement my address was not the address they serve. And also the judgment is for a Auto loan for $16000 that I know I didn't finance a car for that much. Then how can this be when I never got notice from the courts saying I need to come to court. That address is not correct. I don't know I'm just so frustrated don't know what to do or whom to talk to about this matter. I was so close to getting my home now it's either pay $16000 or wait 5 years but that's not acceptable for me. Can someone please help me.

[Anonymous]

You need to contact a lawyer at this point. It's beyond MF's abilities to give credit advice.

[Anonymous]

Ok thanks but what kind of lawyer?

[Brian_Earl_Spilner]

A consumer protection attorney. You can't wait out a judgement. It can be renewed every 10 years. That's if they don't start garnishing wages and seizing assests to fulfill the judgement.

[Anonymous]

So can I make a arrangements to make payment this been in the courts since 2014.

[Brian_Earl_Spilner]

You can, but I would talk to an attorney first to make sure the proper steps were followed for serving you. Technically, they don't have to actually get notice to you. In a situation where you can't be found, it can be announced in a newspaper, for example. But, if they didn't go through the proper steps,...

Also, the amount for the judgement would include interest, collection fees and legal fees which is probably why it doesn't match what you financed. The fact that it's an auto loan leads me to believe there was a repo? If so, repo, towing, storage, and auction fees would also be included.

[Brian_Earl_Spilner]

Also, it's been lying dormant for a while, so if you try to set up payments and the bank refuses and wants everything up front, you could set things in motion such as additional collection efforts or the bank going back to the court to get enforcement of the collection. Just another reason to have a consumer protection attorney. If the bank is unwilling to work something out, your attorney may be able to. And if they can't, they can go to the court to request a payment plan be set up.

[Anonymous]

How I thank you so much the advice😘

[Anonymous]

How I Thank You So MUCH for the Advice 😘

[Anonymous]

Wait, first off, did you finance and default on a loan with this credit union or not? You sound like you are not sure, so I'm not clear.

First, judgments are no longer reported by CRAs. It depends on your state's law how long the SOL are and whether it can be renewed. Typically judgments only interfere when conveying non-homestead real property or if the creditor begins post-judgment proceedings to collect, such as execution, garnishment, ect..., but a lender can definitely want it cleared pre-mortgage.

Yes, due process requires you be given notice, a hearing and an opportunity to be heard. Yes, you can be served notice by publication, if your location cannot be determined after diligent search and inquiry.

However, if your location could have been reasonably ascertained or if the judgment is inequitable for some reason (such as it's not you), the judgment may be collaterally attacked by a motion for relief from judgment. This remedy is limited to to situations where correction is necessary and equitable.