Judgment questions

[Anonymous]

Hi everybody,

I have a few questions about a judgment and need some advice. The default judgment was granted because I was not served a summons and never showed up in court to fight it. The judgment is from August 2000. Eight years ago this week in fact. This past Saturday I received a letter from an attorney's office that specializes in "collections". They said I owe the original amount of the judgment plus interest and attorney's fees for the past 8 years. (They are not the original attorney listed on the judgment form.) They threatened to put this judgment on my credit report (which to this date it has never appeared on any of my reports) and threatened to take my wages and any other means necessary to collect the debt. I just got married this year, my wife is expecting our first children (twins) and they threatened to take her wages and bank accounts too since California is a community property state. This is having a very bad affect on her. I need some answers if at all possible...

1. How bad does an 8 year old judgment affect credit scores? Mine were very low already (FICO 545), but in the past three months I received two CC's (my first since the 80's in fact) and an Auto loan and they were starting to climb out of the hole they were in. (Broke 580 the other day, my goal was 600 by the end of the year)

2. If they put it on my report now, does it fall off in two years since it is from 2000, or does it start the 10 year clock as of when it is reported?

3. If/when they do a wage garnishment is that considered starting the SOL/DOLA?

4. Although it is my debt, and I would be willing to make some form of payment plan to keep this from hitting my report these bloodsuckers want payment in full. The original amount of the judgment is $1974.82, and the letter states I now owe over $6,000.  They said in the letter if I pay them in full they won't report to the CRA's...  problem is with the bills I have and my wife's medical bills and no health insurance, I am very fortunate that I can make ends meet now, and still have money left over for food and a movie every now and then. It is not like we are living the high life here. They also did a hard pull and pointed out to me over the phone that the other two creditors on my reports were paid in full (One for $121 and one for $90) and they expect the same "respect".

.  

5. I have 30 (now 26) days to respond to them. I contacted a lawyer he said it is too late to have the judgment vacated, usually you only have 60 days in California to have a judgment overturned. He also said Bankruptcy is an option. If I am forced into a BK over this debt (because a wage garnishment will probably cost me my job) can I keep my two CC's and the new car?

Sorry this is so long, I am literally almost in tears as I type, and am in desperate need of help. Any suggestions on what to do is appreciated...

[Anonymous]

A judgment remains on your CR 7 years from the date filed!  look at your CR for that date!

SOL in Ca. is 4 years..........I do not know if a judgment can be renued...call your courthouse or AGs office and ask.

You might be able to get info.from your state site.

The length of time anything can be reported is federal law CRTP

Judgments come under state law......it is state law that says if a judgment can be renued and they usually set a time oeriod when this can be done.

It is against federal and state laws to threaten to sue or garnish wages if you can not or do NOT intend to follow through!!!

I would copy this letter and file a complaint with the FTC   CMRRR       you may not hear back from the FTC  but they will check it out.

I would send a DV and past SOL letter to this attorney    CMRRR

I would also check with a different attorney!!!  IF this threat can not be done you can file a lawsuit against this attorney!    IF this attorney does collections He must follow all laws dealing with a CA!

Please keep in mind that I do not know how SOL comes into play with a judgment but SOL in Ca. (for debt) is 4 years.

read the DV and make all changes needed. Get another attorney to rep.you incase they can refile the judgment!!!!

Do NOT sign   just type your name on each letter....send CMRRR

CERTIFIED MAIL #: _______________________________________________________
Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name

Past SOL

Your Name
Your Address

Collector's Name
Collector's Address

RE: [insert account number or name of account or name of debt]:

Dear [insert collector's name or company name],

This letter is in response to your [letter dated xx-xx-2005] (copy enclosed) or [phone call on xx-xx-2005], concerning the collection of the above referenced [account or date].

I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.

This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.

Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.

TYPE NAME

[Anonymous]

Sorry it took me awhile to find that they did a hard pull

Send this letter with the other 2

Non-PP Puller Company
Address
City State Zip Code

To Whom It May Concern:

I have noticed that you have placed an inquiry on my _________ credit file dated ________. As you probably know, Credit Reporting Agencies treat inquiries as a statement of fact and will not allow a consumer to dispute them. Since it is against federal law (Fair Credit Reporting Act -- 15 USC § 1681n(a)(1)(B) for an entity to view a consumer’s credit report without a "permissible purpose," I am writing to inquire as to your alleged purpose for doing so since I did not apply for employment with your organization nor did I request credit from your organization.

[Describe any additional details about the inquiry here if need be. For example, your a subscriber to XXXX monitoring service and XXXX company pulled a "hard inquiry" on one of your reports.]

Based on the evidence in my possession, this inquiry was performed under false pretenses as described in the clear language of the law. 15 USC §1681n(a)(1)(B ) states, in part, "in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;"

You are civilly liable to me in the amount of $1,000.00 for your willful violation of the law -- performing a "hard inquiry" on my __________ file without my permission. I do hope that we can settle this matter amicably. You can remove the inquiry within one (1) business day of the receipt of this notice. Or, we can meet in court where you will end up removing the inquiry, paying me the civil liability fine, punitive damages for my score drop, plus court and attorney fees. The choice is up to you.

Please contact me immediately at the address listed below.

Sincerely,

Consumer
Address
City State Zip Code

[Anonymous]

Hi Happy Days,

While I appreciate your response to my situation, the SOL for a judgment in California is 10 years and is renewable every ten years. This attorney will file a wage garnishment. The attorney I spoke with said that they will. They know the law better than us layman do. The judgment is still enforceable under Cal Law, and my questions are not how to get this thrown out, but more along the lines of how bad it will hurt, and if a wage garnishment is considered part of a DOLA/SOL renewal...

They fully followed California and the FTC guidelines. They called my work somply to verify employment and have never contacted me there. They called my home, and when I told them I did not wish to be contacted by phone all of the other correspondance has been in writing. They know what they are doing, and I am 100 percent sure since I told them I can't pay all at once I am going to have further action taken. Nothing can stop that.

My question is, how bad will a judgment hurt, how bad is a BK if I am forced to file? Can I keep my positive accounts in BK? I know people who have filed BK and a year later they have 5 new CC's and a new car...etc. I have never filed BK and I am lucky to have two CC's and a car loan I am paying 25 percent interest on.  My bad debts were all paid off until this letter came in the mail. Do I want to pay, yes, can I pay no.

They refused payments, but in the end when they attain the wage garnishment technically those are payments... so I honestly don't get attorneys. Lame, evil people, with no souls.

Please someone help me clear up the SOL and the reporting date questions... will this be considered an 8 year old debt on my CR or will it be considered brand new? Is a wage garnishment considered activity... please help.

By the way I have several hard pulls from collection agencies in the past two years. Apparently it is considered a permissible purpose for a CA to run your credit. If this is wrong let me know because until I paid them off in May, Asset Acceptance ran hard pulls every six months for the past year and a half.  

[Anonymous]

bump

[Anonymous]

wage garnishment........state law!  There are state & federal law as to the % of wages they can take.

When an account is closed for any reason NO ONE has PP to do a hard pull!!

To do a hard pull   YOU must ask for credit OR  sign for an employer or ins.company to do the pull.

ALL baddies hurt but an OC reporting a CO or any judgments hurt big time!!!

All baddies age & hurt less after a time. This is one reason why we do not dispute baddies they will just update.

FICO looks at the baddie and the REPORT date

I do not know enough about BK.....you would do better posting on that thread about BK. Many people will help if they can!

I am only guessing that you can keep any accounts that are NOT included in the BK.....please ask this on the BK thread as I am only guessing.

If it were me   I would pay a lawyer to be my rep. in court. A lawyer knows what to ask for in discovery!

There are times when the proper paper work is lost & this is in your favor. A good attorney knows this.

Im sorry I can't be more help.

[Anonymous]

Now when you say REPORT date do you mean the day the judgment was granted to the OC (August 2000) or would it be this year August 2008, if they report it?

That doesn't seem fair at all to sit on something and then report it 8 years later... if thats the case couldn't any CA just hold the debt and then report it at their leisure? I think if that is true you and I just discovered a loophole that will help CA's screw people for life.

[Anonymous]

Because judgments go by state law...each state can have different rullings.  Some states do not allow a judgment to be renewed.....and some will not allow a foreign judgment to be renewed. Each state has their own law.

CRTP on judgments go from the filing date!!!   If this is not on your CR now it might be too late. IF the judgment is renewed it will appear with the new filing date.

As I said I would get a good attorney   maybe they can keep it from being renewed. I am not an attorney and I do not know every state law.

Yes CAs will do anything to get money!!!!!