Capital One Judgement filed in 2007 and card has not been paid since 2004 not served - Credit Repair Forum from Creditnet
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  1. #1
    RedShoes is offline Newbie
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    Capital One Judgement filed in 2007 and card has not been paid since 2004 not served

    I am so confused on what to do, some sites say try to get it vacated, some say offer a settlement. I spoke with a lawyer and he said to contact and offer to pay at least half. The original card was for 400, and now they say I owe 1900. I want to buy a house next year and so will need to do something about this. If I wait until 2014 will it fall off, or will they renew it? The account was sent to a law office rothman or something, not sure? I really do not want to pay more than double for a card that was from almost 10 years ago.

    What should I do?

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  3. #2
    jam237 is offline Senior Member
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    Re: Capital One Judgement filed in 2007 and card has not been paid since 2004 not ser

    First, we can't tell you what you should or shouldn't do, and we can't provide legal advice - at least most of us fall under the "I'm not an attorney, and I don't play one on TV" disclaimer.

    We don't know if the judgement will fall off, when it'll fall off, or if they'll renew it, when they'll renew it, because we're not them. These are the decisions that they would make, and we've probably seen examples that a judgement should have fallen off and was renewed, and ones that we would have felt sure that would be renewed that weren't.

    Searching for rothman law office I got a number of matches, no idea which one it could be, the right one should be listed either in your credit report, or at the court house.
    --
    jam
    An educated consumer.

    Daniel Webster: You seem to have an excellent acquaintance with the law, Sir.
    Scratch: Sir, that is no fault of mine. Where I come from, we have always gotten the pick of the Bar.
    The Devil and Daniel Webster, Stephen Vincent Benet

  4. #3
    RedShoes is offline Newbie
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    Re: Capital One Judgement filed in 2007 and card has not been paid since 2004 not ser

    Thanks for the advice, I was more of wanting other people's experience. This is the lawyers office, Rubin & Rothman, LLC. This whole thing is soo confusing, the other debt has been simply, but capital one sucks, the ironic thing is that I was able to get a new card from them a couple months back.

  5. #4
    Desdemona's Avatar
    Desdemona is offline Senior Member
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    Re: Capital One Judgement filed in 2007 and card has not been paid since 2004 not ser

    Hi RedShoes

    Welcome – hopefully we can help.

    First you can’t get it vacated, way too late for that so take that off the table.

    It’s my belief that you are past the point of settlement. This creditor has a legal right to the full amount of 1,900, why would they settle for half when they can garnish and/or place a lien for the full amount.

    As for renewal just Google (insert state name) collection laws – you should be able to find the SOL of a domestic judgment in your state and wither or not it is renewal.

    If you want to purchase a house then you have to pay the debt – I would do it now because you don’t want to hold up your pre-qualification, or eat at your down payment fund.

    As for getting another card – that debt was sold to law firm years ago, Cap1 has charged off that account, I was sued “by” Cap1, BK’ed them in 2010 and one month after my discharge I applied and was approved for a new card. It’s all about the money and customer count.

    Good Luck with Everything.
    ~~~~~~~~~~~~~~~~~~~~~
    Desdemona
    Breathe In ~ Breathe Out ~ Move On

  6. #5
    RedShoes is offline Newbie
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    Re: Capital One Judgement filed in 2007 and card has not been paid since 2004 not ser

    Thanks for the tip, I don't have anything to garnish or own. The house my bf owns ( well it's in his name) will be the downpayment to build the new house,and I do not have a job, I get by doing odd freelance work, and am a student. They never came after me when I had a job two years ago and I made decent money then. Anyways thanks for a little bit more clarity. :-)

  7. #6
    txatty is offline Newbie
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    Re: Capital One Judgement filed in 2007 and card has not been paid since 2004 not ser

    What state are you in?

  8. #7
    RedShoes is offline Newbie
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    Re: Capital One Judgement filed in 2007 and card has not been paid since 2004 not ser

    oh NY thought that I had put that

  9. #8
    txatty is offline Newbie
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    Re: Capital One Judgement filed in 2007 and card has not been paid since 2004 not ser

    Well, I don't know NY law very well, but in many states there is a legal filing called a bill of review in which you ask a judge to set aside a judgment after the appellate deadlines have run. It's an equitable remedy. For example, if there was a defect in their service of you,or failure to serve you, or in the default judgment process. Wish I knew more about NY law so I could help you better but that might be something to look into. However, at $1,900.00 it will probably cost you more in legal and filing fees than it would be to just pay the judgment.

  10. #9
    Desdemona's Avatar
    Desdemona is offline Senior Member
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    Re: Capital One Judgement filed in 2007 and card has not been paid since 2004 not ser

    Hi

    I am not a lawyer – but I am currently unemployed :( so I have time watch a lot of People’s Court $~) and I heard this phase on the show.

    It is my understanding equitable remedy is used when the courts believe that money doesn’t provide enough relief to the injured – and the courts can put aside the fine (judgment of money) and they can enforce the party to complete the contract. I don’t think that will work a CC debt.

    Most states have a SOL on vacating a judgment based on improper service – in my state (MI) it’s one year. Plus you have burden of providing proof and must present it to the court, if by chance you win that doesn’t make the debt disappear – and the plaintiff can sue you again.

    But I am not a lawyer – please consult a real lawyer as my ex-husband will gladly tell you I am not always right.


    Redshoes – judgments in New York are enforceable for 20 years – you have 15 years to go and liens can be renewed for another 10 years. If your name is entered on the title of your new house a lien can be placed on the title. If you two get married and want to re-finance and/or add you mortgage you will have to deal with it and with 9% interest rate the total debt will only go up.

    Good luck with everything
    ~~~~~~~~~~~~~~~~~~~~~
    Desdemona
    Breathe In ~ Breathe Out ~ Move On

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