Paying a Judgement question

[Anonymous]

I have a judgement on my credit that I had no knowledge of. It turns out that when I moved I never received my final dentist bill and apparently they took it to court. Its for $184. If I pay this in fill, is there any chance at getting it removed? Also, if it can not be removed how long will it be on my credit now? The filing date was 10/2003.

Thanks for the help!

[Anonymous]

If paid it stays on your CR 7-7.5 years from the date that you PAY it.

Contact the dentist. Their attorney can file a paper with the court & have it removed.  IF THEY WILL.

[Anonymous]

Had the same problem with a dentist getting a judgement for work that was never performed.  He filed saying he had ordered the material to fix my husband tooth, which after speaking to our insurance company the next day informed us it would not be covered.  We immediately notified the dentist that we would not have the procedure done since it would cost about 1000 at the time.   He said he had ordered the material that morning and could not cancel it.

Ok, next thing I know we are served the papers regarding the judgement in small courts.

Get this, the Judge orders us to pay the money, but also states that the dentist upon receiving payment will have to fix my husband's tooth.  Guest what we paid 3 months later and the dentist refused to treat.  Stated he would send the material to the dentist of our choice but that he was uncomfortable treating my husband.  Called the Judge's office and they recommended since it was a conflict of interest to choose another dentist.  How unfair is that.

I could have filed a contempt of court orders but I would have to go through the same Judge, so had to pay another dentist and our dentist never sent the material.

I did dispute this and it was removed from all 3 CBs.  So, once you pay it, you should dispute it.

Ours was filed in small claims court (amazingly seems dentist are going this route these days, not with collection agencies but will small claims court and almost always the win the judgement).  I had a lawyer and proof that I called them and the insurance the next day, so from 4 p.m. one day til 10 a.m. the next the dentist said he ordered the material and MY HUSBAND TOOTH WAS NOT FIXED AT THE TIME OF COURT DATE.   

GOOD LUCK

[Anonymous]

Thanks for the advice. I'm going to send the dentist a letter explaining the situation and asking if I pay in full, if their attorney could remove it from my CR. Should I include a good faith payment as well? 

[Anonymous]

Actually, should I call or write? Any ideas on what to say? I am a Newbie still and trying to gather all the helpful info I can.

[Anonymous]

NO. letter first & see if they agree.

[Anonymous]

Thanks.

Should I put in the letter when I moved, so they know I didn't receive and warnings? I was going to try to keep it simple. I was planning on saying something like...

Dear Dr.XXXX and staff,

Recently I pulled my credit file and saw a judgement listed on my Transunion report dating 10/2003.  I was unaware that I had any remaining balance with your company prior to my move to North Carolina. I would like to take care of my debt to you. In doing so, I ask that you have your attorney withdraw the judgement from my credit report. I am enclosing a check for half of the balance due.

Please contact me with your decision.

Sincerely,

Me 

What about a goodfaith payment with the letter? I think that would be a good idea. Do you think the letter sounds too submissive?

[haulingthescoreup]

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@Anonymous wrote:

Thanks.

Should I put in the letter when I moved, so they know I didn't receive and warnings? I was going to try to keep it simple. I was planning on saying something like...

Dear Dr.XXXX and staff,

Recently I pulled my credit file and saw a judgement listed on my Transunion report dating 10/2003. I was unaware that I had any remaining balance with your company prior to my move to North Carolina. I would like to take care of my debt to you. In doing so, I ask that you have your attorney withdraw the judgement from my credit report. I am enclosing a check for half of the balance due.

Please contact me with your decision.

Sincerely,

Me

What about a goodfaith payment with the letter? I think that would be a good idea. Do you think the letter sounds too submissive?

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I think that I would hold off on the check for half the balance. You don't want them to say, good enough, we'll call it done, and lose your leverage to remove the derogatory report.

The letter sounds fine --not submissive, but you might want to include something along the lines of, "I want to resolve this issue as soon as possible. Please respond on your company letterhead your acceptance of my offer to pay in full in exchange for the immediate vacating of the judgment and the prompt removal of any and all derogatory reporting, including the judgment, from all of my credit reports, including Equifax, Experian, TransUnion, and any other agencies to which this has been reported. Upon receipt of this signed letter, I will gladly pay my account in full." And send it CMRRR.

Someone with more experience with judgments and PFD's than I needs to go over this and tweak the language, but you mainly want to get in there: (1) immediate action on their part to vacate the judgment, (2) immediate correction of reporting to all CRA's (need to state 30 days??), (3) their response on signed letterhead, so that you can hold it over their heads if necessary, and (4) you will pay if they will play.

Good luck!

[Anonymous]

Thank you...that sounds great. I have absolutley no experience with this stuff. I'm about ready to send in my first DV, preparing a couple PFD's, and then this little dilemma that I have to work on.

[haulingthescoreup]

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@Anonymous wrote:

Thank you...that sounds great. I have absolutley no experience with this stuff. I'm about ready to send in my first DV, preparing a couple PFD's, and then this little dilemma that I have to work on.

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I've never had to do it either, so please let some experienced people chime in, too! (in addition to the answers you've already had.)

DH has what looks like an old medical collection on two of his reports. I've been ignoring it, but the CA name just changed, so I guess they're up to something, and I'll be joining you soon.

I was sloppy (in the past!!!) about paying on time, but I never, ever failed to pay a bill that I knew about, so I'm a bit cranky about this one.