Judgment Question

[melbatoast]

Asset Acceptance filed a judgment again me in 2006.I want to start paying the amount owed which is 4500.They just sent me a letter to arrange payments of 100.00 per months there anything special I do before contacting them?Thanks for any help with this.

[sassymomof2]

Were you properly served?? If so, you really need to settle this in one shot if at all possible. Yes, judgments can be settled. Maybe you can see if they will vacate the judgment as part of your settlement agreement. It may be just me but I don't trust collection agencies. I definitely don't trust the ones that get judgments. You don't know what they are fishing for. They may be counting on the fact that you won't finish your payment plan and then you now have a whole set of new problems. After they tack on their interest, you may be on this plan forever. Do your research here and others may also chime in to provide you some helpful information.

[Anonymous]

I agree.  That judgment was filed 5 years ago.  What is the SOL?  What is the DOFD?  You should do a little more research.  I hate to say this, but it might be best to just wait them out.  How is this reporting on your CR?  Who is the OC?  There's a lot of missing information here and you certainly don't want to be paying on something forever if there's no need to and you're just resetting the account by responding or paying.  It won't hurt them if you take your time to do your research.  If the SOL or other expiring laws are not in your favor, I'd definitely try a PFD to get that judgment vacated.

[mxp114]

I have a judgment from 11/08, I was not properly served and in fact had no knowledge of it. I'm about to file a "motion to show cause" to try and get it vacated. Does anyone know what happens after its vacated? Do they re-sue you and reset SOL? Does making payments on a judgment eliminate any shot at vacating it? And can PFD work on a judgment? Isn't it up to the court to decide whether to delete the judgment or can the OC/CA direct them to remove? Is it best to just seek PFD and mention you plan to seek a legal remedy if you can't establish an agreement? Thank you for any insight and assistance. I'm down to my last two negs, this and a CA which falls off in a few months.

[RussianPassion]

I am in the same boat. I have a default judgement against me from Jan 2008 which I just recently found out about. I am trying to figure out how to file a motion to vacate it. From what I understand, after you get it vacated you can settle the debt with the creditor and/or CA out of court. So far myFico forums have been a great source of information on dealing with everything OTHER than the judgements. I wonder if it is because it is hard, or because people don't deal with them. 

[mxp114]

Contact the county clerk at the courthouse that shows up on your CR. It's basically a form that asks the court to vavate the judgment and why, if the judge signs, then they issue a court date to determine why the judgment should stand, etc. Not sure of specifics, just what I've read. Also it is my understanding that they can still sue you but this time they would properly serve you. My judgment is for a few hundred dollars so I was wondering if just mentioning the plan to vacate would be enough for them to settle and PFD. I just want this over with and would rather not have to seek legal remedy.

[Anonymous]

Just wanted to jump in with my experience with a judgment.  I found out about a judgment from 2007 by looking at my credit report.  I was thisclose to settling, when I noticed an address on my credit report that did not belong to me and I could not delete/dispute it online.  I called the credit bureau and they verified that the CA had filed this address as the one at which I was apparently "served."  They served someone I had never heard of, at an address I had never lived at! From my research, if you were not properly served and a default judgment was entered, as was in my case, then you may have grounds to have it vacated no matter how much time has passed. 

I would suggest seeking an attorney if you can because this is a legal matter and as far as I know, you can't do a PFD...it is a court order and, while you might be able to settle with the OC, the most that would be entered would be a satisfaction of judgment.  I was very fortunate to find an attorney in my previous state (I had long relocated when this was done--thus I could prove I was not served), and for a flat fee of less than $350 the attorney appeared in my behalf and I got the email today that it was vacated. 

I did ask about the possibility of them trying to sue again, but she highly doubts it.  Firstly, because it is now 7 years old, and secondly, because they would need to start the process all over.  If so, the attorney will continue to represent me at no added cost and I will definitely demand validation on a debt this old.  My attorney said in their experience, many cannot even validate the debt.  I'm truly hopeful that this is over for me.  I hope you can find a way to resolve your judgment as well.  Don't just lie down and roll over.  You may have certain legal rights that you are not aware of.  If you can, consult an attorney.

[mxp114]

Thanks for the advice ASAF. So you never had to appear in court or do anything? That's pretty good. It sounds promising. I called my county clerk and the rep was nice enough to tell them I was served at an address that doesn't even exist. Anyone know a good resource to get an attorney?

[Anonymous]

You're welcome mxp.  Our attorney said that he could not promise that I would not have to appear, but turns out I didn't.  That would have been a nightmare, because it would have involved me flying back, accommodations, etc.   If you're in IL, I'll gladly provide my attorneys info--they were professional, reasonably priced, and fantastic!  Otherwise, you might begin to search for an attorney in the state that the judgment was initially filed by doing an internet search for consumer debt attorneys.  Sounds like you might very well have a good argument for getting the initial judgment thrown out  (vacated).

[Anonymous]

If you are searching for attorney to help with collections or legal issues spawned from collections..contact http://www.naca.net/

for help in finding an attorney in your area. Judgments will report for 7 years from the filing date, however collection of the judgment and interest charged is state specific.