Need Help ASAP!!!! I have an Agreed Judgement!!!

[Anonymous]

So I got an agreed judgement from RSIEH the law firm from Capital One for my payment arrangement. They apparently sued me and never served me papers. 

When I looked at the agreement, it does say I need to pay court fees too for $300 something. I called RSIEH and they said that is only if you do not pay your payment arrangement. I talked to Capital One as well to see if they will report it to the credit bureau. They said they will not report the judgement but the court will. I asked them what about the new law this month about not having judgements. They did not know and had to go through their legal department and will call me back. All of this for a petty $2000.00 balance. Capital One is super petty. 

What I am trying to figure out is a few things:

1). I do not want this judgement hurting my credit score, what can I do to make sure it does not? Does an agreed judgement even go on your credit?

2.) Has anyone dealt with Capital One/RSIEH before??

3) Should I just get a laawyer to look over this letter?

I really worked hard to fix my credit and I would hate for this mess to happen on my account. 

[2IMPROVE]

What every happened with them?

[HiiiPoWeR]

The courts do not report to the CRA's. CRA search public records to find judgements/bankruptcies against you by using a third parties such as LexisNexis and PACER.

You mentioned some new law going into effect that will change how judgement are reported. Can you tell me more?

You could settle or try to fight it. You should consult with an attorney before making a decision.

[srloring13]

I would first confirm with the court to determine if they were actually granted a judgement against you.  Then based on the results, I would file to vacate the judgment based on incorrect service or something similar.  I assumed they were granted a default judgement since you never responded.  You may need to do some research on the options available for your state.

[Anonymous]

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@HiiiPoWeRwrote:

The courts do not report to the CRA's. CRA search public records to find judgements/bankruptcies against you by using a third parties such as LexisNexis and PACER.

You mentioned some new law going into effect that will change how judgement are reported. Can you tell me more?

You could settle or try to fight it. You should consult with an attorney before making a decision.

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Already happened.  It requires them to fully validate the debt, including social security number, dob, etc... before they can report a judgement.  This allows Bankruptcies to still be reported, but many state tax liens, and even small claims and civil judgements do not offer the appropriate information to confirm identity and list it on a credit report.

As such they now have to fully verify the judgement and the debt belong to the person in question before they can report it and it has a pretty strict standard.

I know it removed a local state tax lien from mine that I know exists but it exists no where else in my credit, etc... except at the state tax that I can find.  I'm already in process of settlign it, but it was on my credit and disappeared the minute the new law went into effect.  Dropped off all 3 reports, but my bankruptcy stayed.

[RobertEG]

You will have a real problem challenging the terms of a consent judgment.

You have formally agreed to the judgment, and the court accepted it as their verdict.

The judgment creditor thus has it in pocket should you not comply with its terms, and does not need to go back to court to obtain a judgment before they move directly to attempting to attach assets or garnish pay.

A judgment is the strongest debt validation a creditor can provide, as it is a finding of the court that the debt is valid and enforceable.

It is long past the admin debt validation process under the FDCPA (ssuming the prevailing plaintiff is a debt collector, and thus subject to any DV request).

An assertion of error in the judgment based on some procedural error, such as lack of proper service, usually has set periods under state rules of civil procedure, which may have expired, and the additional issue of consent to the judgment would likely waive any later contention of error in the judgment. 

You should definately consult an attorney if you intend to invalidate/vacate an agreed judgment.

[Anonymous]

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@2IMPROVE wrote:

What every happened with them?

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I ended up signing the agreed judgement to get them off my back. I am paying them around $20-$50 a month so I could pay this balance with them off. I will settle with them soon.