Hello all,
Instead of continuing to post multiple threads, I figured I would compile everything into this one. I'm going to lay out my plan of attack and see what everyone thinks. Here are my negatives on my credit report:
Bank of America (charged off and went to judgment), estimated removal date: 03/2016, 120 days late
GECRB/GECAF (settled less than full), estimated removal date: 09/2016, 120 days late
University loan (paid in full), estimated removal date: 02/2017, 120 days late
Osterman Jewelers (paid in full), estimated removal date: 07/2016, 120 days late
For all of the above, I have sent GW deletion requests for. We will see what happens. I actually had 2 baddies through the university last year and they agreed to do a GW deletion for both, but only did it for one account. I notified them a couple of times and it was never fixed. I brought it up again today via e-mail and they informed me it is their policy not to do GW deletions. So, I have now sent an individual letter to EVERYONE in the department and will continue to do so on a weekly basis. I'm sure someone is bound to crack.
Midland Funding (OC T-Mobile), estimated removal date: 06/2017
I sent Midland a DV in 2012 and they sent a letter to me claiming I was disputing and asking for me to provide evidence against myself. They have since been sending me settlement letters. As of today, I disputed the account with all 3 CRAs and reported them to the BBB. The next step is to dispute them directly if the CRAs validate. From there I will likely file a complaint with the state of Ohio and take them to small claims court as a last resort. I've heard T-Mobile will request Midland to remove it from your CR if you pay in full, but I have a hard time paying an account that 1) wasn't mine and 2) is on it's second CA that can't verify.
Bank of America Judgement (owe about $400), estimated removal date: 01/2019
At the very least, I intend to pay this off along with a letter to the attorney requesting that he vacate the judgment.
I'm not certain on this, but if the attorney won't vacate, I believe in Ohio a paid judgment can be vacated via Cival Procedure rule 60 which states:
RULE 60. Relief From Judgment or Order
(B) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc.
On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons:
4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application
Thoughts?
Starting Score: 584Bumping with updates (please see important questions in bold below):
Midland Funding (OC T-Mobile), estimated removal date: 06/2017
I sent Midland a DV in 2012 and they sent a letter to me claiming I was disputing and asking for me to provide evidence against myself. They have since been sending me settlement letters. As of today, I disputed the account with all 3 CRAs and reported them to the BBB. The next step is to dispute them directly if the CRAs validate. From there I will likely file a complaint with the state of Ohio and take them to small claims court as a last resort. I've heard T-Mobile will request Midland to remove it from your CR if you pay in full, but I have a hard time paying an account that 1) wasn't mine and 2) is on it's second CA that can't verify.
Deleted from 2 of 3 CRAs. I'm thinking this will get a full delete.
Bank of America and GECRB, I've yet to hear back from. I've sent multiple letters.Bank of America (charged off and went to judgment), estimated removal date: 03/2016, 120 days late
GECRB/GECAF (settled less than full), estimated removal date: 09/2016, 120 days late
University loan (paid in full), estimated removal date: 02/2017, 120 days late
Osterman Jewelers (paid in full), estimated removal date: 07/2016, 120 days late
Ostermans rejected. I sent another letter.
University has rejected four times. I sent a fifth letter (lol).
Here's the thing with the university loan. It's paid off and while I was 120 days late, I made a large payment to bring the account current. I have record of the payment. However, they reported to all 3 CRAs that the account was "OK" then proceeded to be 120 days late again. I think I have a dispute here and I just want the tradeline removed since they won't GW. What exactly should I say when I dispute?
Bank of America Judgement (owe about $400), estimated removal date: 01/2019
At the very least, I intend to pay this off along with a letter to the attorney requesting that he vacate the judgment.
I'm not certain on this, but if the attorney won't vacate, I believe in Ohio a paid judgment can be vacated via Cival Procedure rule 60 which states:
RULE 60. Relief From Judgment or Order
(B) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc.On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons:4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application
OK, so two of the CRAs are reporting a judgment date of 4/13/2012 and one is reporting 4/1/2012. I looked at the court documents and the case was decided 4/1 and all paperwork was entered 4/13. I'm thinking there is a mistake here that I can use to get this removed from a couple reports. How should I attack this?
@AccountingGuy wrote:Bumping with updates (please see important questions in bold below):
Midland Funding (OC T-Mobile), estimated removal date: 06/2017
I sent Midland a DV in 2012 and they sent a letter to me claiming I was disputing and asking for me to provide evidence against myself. They have since been sending me settlement letters. As of today, I disputed the account with all 3 CRAs and reported them to the BBB. The next step is to dispute them directly if the CRAs validate. From there I will likely file a complaint with the state of Ohio and take them to small claims court as a last resort. I've heard T-Mobile will request Midland to remove it from your CR if you pay in full, but I have a hard time paying an account that 1) wasn't mine and 2) is on it's second CA that can't verify.
Deleted from 2 of 3 CRAs. I'm thinking this will get a full delete. Good for you!!!!
Bank of America and GECRB, I've yet to hear back from. I've sent multiple letters.Bank of America (charged off and went to judgment), estimated removal date: 03/2016, 120 days late
GECRB/GECAF (settled less than full), estimated removal date: 09/2016, 120 days late
University loan (paid in full), estimated removal date: 02/2017, 120 days lateMaybe you need to call them...do you have proof that they said they would delete? Maybe ask them to delete the late payment instead of the entire TL?
Osterman Jewelers (paid in full), estimated removal date: 07/2016, 120 days late
Ostermans rejected. I sent another letter. Keep GW...I am thinking our GW may work a little better during the holidays???
University has rejected four times. I sent a fifth letter (lol).Here's the thing with the university loan. It's paid off and while I was 120 days late, I made a large payment to bring the account current. I have record of the payment. However, they reported to all 3 CRAs that the account was "OK" then proceeded to be 120 days late again. I think I have a dispute here and I just want the tradeline removed since they won't GW. What exactly should I say when I dispute? I would keep trying the direct dispute instead of the CRA dispute....that might end all chances for a GW removal.Bank of America Judgement (owe about $400), estimated removal date: 01/2019
At the very least, I intend to pay this off along with a letter to the attorney requesting that he vacate the judgment.
I'm not certain on this, but if the attorney won't vacate, I believe in Ohio a paid judgment can be vacated via Cival Procedure rule 60 which states:
RULE 60. Relief From Judgment or Order(B) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc.On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons:4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application
OK, so two of the CRAs are reporting a judgment date of 4/13/2012 and one is reporting 4/1/2012. I looked at the court documents and the case was decided 4/1 and all paperwork was entered 4/13. I'm thinking there is a mistake here that I can use to get this removed from a couple reports. How should I attack this? I don't think that is your angle...you just have to work on getting it vacated...I know this varies state to state, but I filed the motion myself, I notified the assigned attorney by mail and he showed up to court. Vacated, no problem. It can be vacated based on satisfaction...Go to the clerk of the court and ask them for a copy of the judgment abstract and file your motion...you might want to contact the attorney to let them know you plan on filing the judgment (up to you).judgments can be vacated based on satisfaction. go for it. in VA the motion didn't cost me a penny...oh, i would suggest sending the court date information certified..so if they don't show up, you can prove you sent it.
012019 Fico8/Mortgage Score: 
Bank of America Judgement (owe about $400), estimated removal date: 01/2019
At the very least, I intend to pay this off along with a letter to the attorney requesting that he vacate the judgment.
I'm not certain on this, but if the attorney won't vacate, I believe in Ohio a paid judgment can be vacated via Cival Procedure rule 60 which states:
RULE 60. Relief From Judgment or Order(B) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc.On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons:4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application
OK, so two of the CRAs are reporting a judgment date of 4/13/2012 and one is reporting 4/1/2012. I looked at the court documents and the case was decided 4/1 and all paperwork was entered 4/13. I'm thinking there is a mistake here that I can use to get this removed from a couple reports. How should I attack this? I don't think that is your angle...you just have to work on getting it vacated...I know this varies state to state, but I filed the motion myself, I notified the assigned attorney by mail and he showed up to court. Vacated, no problem. It can be vacated based on satisfaction...Go to the clerk of the court and ask them for a copy of the judgment abstract and file your motion...you might want to contact the attorney to let them know you plan on filing the judgment (up to you).judgments can be vacated based on satisfaction. go for it. in VA the motion didn't cost me a penny...oh, i would suggest sending the court date information certified..so if they don't show up, you can prove you sent it.OK, so I just called the clerk and they said that they don't vacate. They said that they will list the debt as satisfied, but that's it. I called the attorney's office and asked to speak to an attorney (of course, they didn't put me on with one) and the lady said she's worked there for 20 years and never vacated anything unless there was an error. What do I do now?
I've looked at the case and everything seems to have been done by the books. I don't have any leverage against them either. I have about $400 left to pay, which I was ready to satisfy today. But it's not like I can say I won't pay it unless they satisfy it.
What state are you in? Did you contact the OC at all?
4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application
Here is my suggested plan of attack,
1. Pay the judgment off and get a receipt (in VA, they have to file the satisfaction within 30 days)
2. File the motion to vacate (make sure you have proof of payment in full)
3. Send notice to OC/Attorney
4. Go to court (it was called an admin hearing)
Ohio. I didn't contact the OC because the account is so old. It's BoA. When I was going through the case, the lawyers wouldn't even let me talk to the CA. When I called the CA, they told me it was out of their hands.
I just don't get it. The law appears clear as day to me that I can vacate a satisfied judgment via Civil Procedure Rule 60. Maybe I'm reading it wrong?
@newmomnewme wrote:What state are you in? Did you contact the OC at all?
4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application
Here is my suggested plan of attack,
1. Pay the judgment off and get a receipt (in VA, they have to file the satisfaction within 30 days)
2. File the motion to vacate (make sure you have proof of payment in full)
3. Send notice to OC/Attorney
4. Go to court (it was called an admin hearing)
OK, I called the clerk again and got a different lately. She was incredibly rude, but strangely helpful lol. She told me a motion to file was $3, but that she knew nothing of vacating.
So, I'm thinking I will call and pay it off today, get a receipt and inform them that I do plan to file to vacate, then send that sucker out in the mail.
Who are you paying it to?? The attorney or BoA? Either way, pay it and relax a little.
The attorney. And go figure, they wouldn't let me put it on my credit card (new rule as of this month). I guess it's going to have to wait until pay day.