Can I assume that judgment creditor tried to collect wage on is RECORDED?

Discussion in 'Credit Talk' started by Mrs. T, Mar 24, 2016.

  1. Mrs. T

    Mrs. T Member

    All judgments aren't actually recorded. I've gotten copies of the case files, and I can view the Case Summary on my county's website. The creditor tried to collect wages from a former employer of mine. I want to go get a Certified Copy of the Recorded Judgment if it indeed exists. From your guys' experience, does it sound like this is an actual recorded judgment? I know there's only one way to find out. Just trying to get my hopes up LOL
     
  2. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    To attach your wages, a judgment creditor has to obtain authorization from the court in a document usually called a writ. Under this authorization, the judgment creditor can then seize a portion of your wages. That can't happen unless the judgment was officially recorded, so yes- I think your assumption that the judgment has been recorded is correct.

    Did you go to court regarding this debt? Do you know what it's for, or is this something that completely blindsided you?
     
  3. Mrs. T

    Mrs. T Member

    Blindsided. I was never served, but the case files said that I was, and even gave a general description of race/gender. When I pulled my credit report years later it was beyond the 2 year mark.
     
  4. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Unfortunately there's lot of shady process servers out there. Have you looked into filing a motion to set aside the default judgment since you weren't properly served? I obviously don't know all the details of what's gone down, but it's worth looking into at least. Sorry you're having to go through this...I know it can be really frustrating.
     
  5. Mrs. T

    Mrs. T Member

    Frustrating to say the least. From what I understand, you can't dispute beyond 2 years. The better news is that it's scheduled to report until next year. It's not like I have to live with it for 5 more years. I really appreciate your help!
     
  6. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Oh, so this judgment is already like 6 years old? Yea, so at least you don't have to wait too much longer for it to fall off your credit reports. Of course, that doesn't mean the judgment creditor will stop trying to collect from you.
     
  7. Mrs. T

    Mrs. T Member

    Yes! One more year. I care more about getting it off of my credit reports...I don't mind paying it - although they obtained the judgment without actually serving me and I had no idea about it. I'm thinking about disputing it with the CRA's on a whim.
     
  8. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Did the creditor recently try to garnish your wages? Are you sure the creditor still in business? I've seen cases where judgments were removed because the creditor had gone out of business and then of course couldn't verify after a dispute was made with the CRAs.
     
  9. jam237

    jam237 Well-Known Member

    CRA's use a different process to 'verify' judgements.

    I would personally, still argue, to attempt to set the judgement aside for ineffective service. To me, if there is a provision that prohibits it after the two year mark; it would be something that could be challenged in cases where the plaintiff waits for more than two years to act on the judgement to keep you in the dark about the judgement's existence until you can't fight it; then begin trying to enforce the judgement.
     
  10. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Jam makes a good point. Did the creditor actually wait for more than 2 years before trying to collect? It sounds like you found out about it by pulling your credit reports more than 2 years after the judgment was obtained. When did they first try to garnish your wages?
     

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