Summons question

[Anonymous]

I received a summons on the 23rd of Dec so I met with an attny a week later who has been trying to negotiate with these guys Brumbaugh & Quandahl...Well she's in the negotiation process...My question is I havent paid this attny anything yet and for some reason I feel like she's taking her time since I have 30 days to "answer", my question is: Does this negotiation between her and the CA count against my 30 days?..My other question is my husband has a judgement filed against him back in 08/2000...We live in Nebraska btw...Why is it still showing on his CR?...I thought judgements fell off your CR after 7 yrs?..or am I wrong?...He says he didnt even get any summons or nothing on this judgement ( he doesnt really care for his CR, I do lol)..Isnt that illegal without proper papers?..

[ozgirl]

Stay on top of the attorney--they make mistakes in terms of filing answers and sometimes "lose track" of cases. Of course, if the attorney fails to file the answer etc.. and there is a default then you have a cause of action against the attorney. On the other hand, the attorney may have the answer prepared and is just waiting until the last day to file it.

[Anonymous]

On the summons, it should indicate somewhere that you have X days to file your answer. I'd call the attorney every few days and inquire about the status. If you don't get something definitive like, "We should definitely know something by Thursday", then ask when you'll get an update because you're concerned about the approaching deadline to file an answer.

On the 2000 judgment, is it paid?

[Anonymous]

Noah: My attny called today and said that LVNV has agreed to settle for $2000 on a $4000 debt...She said the lawyers representing them were gonna fax her the details and she'd send me the details so I can pay them...On my husband's judgement it is unpaid but it was filed back in 2000 although he said he didnt get served or anything!

[Anonymous]

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AHASS786 wrote:

My attny called today and said that LVNV has agreed to settle for $2000 on a $4000 debt...She said the lawyers representing them were gonna fax her the details and she'd send me the details so I can pay them...

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Are they agreeing to delete? Otherwise, you're gonna have a paid collection.

[Anonymous]

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AHASS786 wrote:

On my husband's judgement it is unpaid but it was filed back in 2000 although he said he didnt get served or anything!

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Unpaid judgments vary, and a lot, from state to state. In some, if the complainant gets the judgment then does nothing with it, it will drop off and die. However, in many states, the complainant can keep renewing it until it's paid leaving it on there forever.

Probably worth running it by your lawyer. I'll see what I can run down on Nebraska law and judgments.

[Anonymous]

Nope they're not gonna delete...I will just have to deal with a paid collections on my report...nvm on the judgement...It's 5 yrs and then renewable for 5 yrs...Does it renew right away?...Well he pulled his credit report yesterday and it wasnt on EX or EQ...TU was being a pain...They couldnt identify him or something so he has to call them to get his report...

[Anonymous]

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AHASS786 wrote:

Nope they're not gonna delete...I will just have to deal with a paid collections on my report...nvm on the judgement...It's 5 yrs and then renewable for 5 yrs...Does it renew right away?...Well he pulled his credit report yesterday and it wasnt on EX or EQ...TU was being a pain...They couldnt identify him or something so he has to call them to get his report...

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Since they've accepting $2K on a $4K debt, you might run by your lawyer inquiring whether they'll take $2,500 to delete.

If the judgment ain't there, then I wouldn't sweat it or even poke it. But have him follow up with TU and have a look at that report ot ensure it ain't there. Renewals generally don't happen unless the complainent seeks one. If they let it slip, then the judgment falls away unpaid.