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luvsandyshores
Regular Contributor

Bad news

OK so I'm all ready to buy a house, I just have to pay off a $3700 judgment and show the bank that it has been paid.  A family member is giving me the money to pay the judgment.  I called the company that has the judgment ( I know, B-A-D, but I figured since I'm calling to pay them, it wouldn't be so bad ).  I didn't say anything about mortgages, just said "I haven't been in a position to do anything about this judgment for years, I still barely make ends meet, but I've received a small amount of money from a family member to try to pay off some of my bills and debts."  Asked if they'd settle for a little less than what was owed.  They told me absolutely not, it is company policy to NEVER accept anything less than full payment.  Then I was told the full amount as of today is $8431.00!!!  My first response was "that's crazy!"  Then I replied that I would just have to pay off other debts instead, since that is way beyond what I am able to afford, and I'll just have to keep living with a judgment on my record.

 

I can see that once the anger goes away, I'll be depressed about this.  Unless I win the lottery, I'm never going to be able to pay this off, it will just keep growing!  My next thought is to write to them and offer to pay $3700, mentioning that if that isn't acceptable the judgment will be included in my bankruptcy filing.  If they still say no, then I guess my only hope of ever owning a home is to go through with filing bankruptcy.  At least then I know that in a couple years I could try applying for a mortgage again.

(BTW - the judgment is from an OLD Providian card with a $500 limit that I stupidly didn't pay.  I'm definitely learning my lesson now!)

 

Anyone have any other suggestions?

CH13 confirmed 1/2016
Message 1 of 6
5 REPLIES 5
Creditaddict
Legendary Contributor

Re: Bad news

 


@luvsandyshores wrote:

OK so I'm all ready to buy a house, I just have to pay off a $3700 judgment and show the bank that it has been paid.  A family member is giving me the money to pay the judgment.  I called the company that has the judgment ( I know, B-A-D, but I figured since I'm calling to pay them, it wouldn't be so bad ).  I didn't say anything about mortgages, just said "I haven't been in a position to do anything about this judgment for years, I still barely make ends meet, but I've received a small amount of money from a family member to try to pay off some of my bills and debts."  Asked if they'd settle for a little less than what was owed.  They told me absolutely not, it is company policy to NEVER accept anything less than full payment.  Then I was told the full amount as of today is $8431.00!!!  My first response was "that's crazy!"  Then I replied that I would just have to pay off other debts instead, since that is way beyond what I am able to afford, and I'll just have to keep living with a judgment on my record.

 

I can see that once the anger goes away, I'll be depressed about this.  Unless I win the lottery, I'm never going to be able to pay this off, it will just keep growing!  My next thought is to write to them and offer to pay $3700, mentioning that if that isn't acceptable the judgment will be included in my bankruptcy filing.  If they still say no, then I guess my only hope of ever owning a home is to go through with filing bankruptcy.  At least then I know that in a couple years I could try applying for a mortgage again.

(BTW - the judgment is from an OLD Providian card with a $500 limit that I stupidly didn't pay.  I'm definitely learning my lesson now!)

 

Anyone have any other suggestions?


 

I thought a judgement filed = the total of the debt... how can they add above the judgement.  How old is this anyway?

That just leaves a real bitter taste in my mouth to hear this is from $500

Message 2 of 6
Anonymous
Not applicable

Re: Bad news

What year was this judgement from?   Did you ask them to send proof of how they calculated interest, fees, and charges?  Let alone proof they still have the right to collect the debt. Isn't Providian long gone? Hence- it was WA Mutual  which is now Chase??? I would try that route challenge the debt from a defunct company!   

Good Luck regardless -

Message 3 of 6
SanFranMatt
Frequent Contributor

Re: Bad news

Like others have said, first I'd have them send a bill in writing that states the amount of the judgement as well as a list of charges that brings it over $8K.  That sounds ridiculous.  What's the name of the collection agency?  It's possible that you sounded timid over the phone so they assumed you'd roll over.

 

Also, are you sure you're ready to be buying a home?  If you needed to borrow the original ~$3K, do you have enough leeway to afford a mortgage?

Message 4 of 6
RobertEG
Legendary Contributor

Re: Bad news

The very first thing you do is to go back to the terms of the court-order for the judgment, and read it with a fine tooth comb. What dd the court requre?

Initial amount of debt at time of judgment may very weill have provided for terms of additional interest and fees, particularlly if you went in default of the terms of the judgment.

If they they have told you in no uncertain terms that  they wont accept anything less than payment in full, then you have to establish what they are legally entiteled to now as debt owed to them.

If you have gone into default on the terms of the prior court judgment, they may be able to go back into court, and get the judgment modified or extended, under the new amount of the debt, an your non-payment of the prior court judgment.

I think you need an attorney, not a mortgage lendor.

 

If you go before a mortgage agent and tell them that, yes, I have this debt, but it will be paid by funds from someone other than you, that will raise a big red flag.

I think this should be resovled as paid before applyiing for a mortgage.  Others will offer their own advice.

 

Message 5 of 6
Anonymous
Not applicable

Re: Bad news


@luvsandyshores wrote:

OK so I'm all ready to buy a house, I just have to pay off a $3700 judgment and show the bank that it has been paid.  A family member is giving me the money to pay the judgment.  I called the company that has the judgment ( I know, B-A-D, but I figured since I'm calling to pay them, it wouldn't be so bad ).  I didn't say anything about mortgages, just said "I haven't been in a position to do anything about this judgment for years, I still barely make ends meet, but I've received a small amount of money from a family member to try to pay off some of my bills and debts."  Asked if they'd settle for a little less than what was owed.  They told me absolutely not, it is company policy to NEVER accept anything less than full payment.  Then I was told the full amount as of today is $8431.00!!!  My first response was "that's crazy!"  Then I replied that I would just have to pay off other debts instead, since that is way beyond what I am able to afford, and I'll just have to keep living with a judgment on my record.

 

I can see that once the anger goes away, I'll be depressed about this.  Unless I win the lottery, I'm never going to be able to pay this off, it will just keep growing!  My next thought is to write to them and offer to pay $3700, mentioning that if that isn't acceptable the judgment will be included in my bankruptcy filing.  If they still say no, then I guess my only hope of ever owning a home is to go through with filing bankruptcy.  At least then I know that in a couple years I could try applying for a mortgage again.

(BTW - the judgment is from an OLD Providian card with a $500 limit that I stupidly didn't pay.  I'm definitely learning my lesson now!)

 

Anyone have any other suggestions?


1.  In which state do you live and exactly when was this judgment entered against you?

 

2.  Did you appear in court before judgment was rendered or were you at least served with a summons & complaint prior to the judgment being entered?

 

Unfortunately judgments often call for payment of court costs and attorney fees.  In virtually every state they also carry statutory interest -- generally around 10% simple. 

 

You'll have to get a copy of the original court case and do the math.  After that you can make a plan to see how you can take care of this.

Message 6 of 6
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