Help Please, Judgment

Discussion in 'Credit Talk' started by heffington, Jan 11, 2010.

  1. heffington

    heffington Member

    I had a judgment placed on my credit reports about 1 year ago from a daycare center in Oregon, I have lived in Nevada for over a year now. I knew nothing about this judgment untill i pulled my credit reports since I was never served. I want to settle this and get rid of it so I can buy a home. Is there anyway I can settle this with the daycare center "even though I don't owe them" so I can get it deleted of of my credit report.

    Thanks in advance
     
  2. cap1sucks

    cap1sucks Well-Known Member

    A judgment is a public record and paying it isn't going to get it removed. Why would you say that you don't owe them? I see very large numbers of people claiming they don't owe their creditors or debt collectors and so I'm wondering why you feel that you don't owe them.
     
  3. heffington

    heffington Member

    My kids were no longer going to the daycare for the months I am being billed for. I pulled them out in March, with a two week notice and paid my remaining balance, plus DHS was covering a portion of the bill. They are now saying that I owe them for April and May. Billing was the reason I took my kids from there considering the lady that owned the place could never keep track and was always billing me extra for hours or days my kids were not there. I just need this gone so I continue with my mortage. I don't have time to go back to Oregon to go to court or even pick up the paperwork from the court house. "Like I said, I was never served" I would pay it if it would just go away. Any suggestions??
     
  4. cap1sucks

    cap1sucks Well-Known Member

    It isn't going to go away even if you do pay it. On the other hand your lender may very well require you to pay it before they will finance your mortgage. If you are unwilling to go back to Oregon to fight it then there isn't much you can do but pay it.
     
  5. heffington

    heffington Member

    The other thing with this is that I disputed it with the CRA's transunion deleted it, but Equifax and Experian came back saying that it meets all requirements????

    How do I fight this?
     
  6. Hedwig

    Hedwig Well-Known Member

    As Cap1sucks said, it's a judgment. It's a matter of public record. So yes, it meets all requirements. It is listed as a public record and picked up by one of the companies that search public records to find what is recorded against people.

    And judgments are usually collectible for ten or more years and can often be renewed, depending on the state. They can stay on your credit report for a period of time after they're paid.
     
  7. heffington

    heffington Member

    Can I contact the Daycare center and ask them If I pay them in full to drop the suit. Would that get it deleted from my credit reports?
     
  8. cap1sucks

    cap1sucks Well-Known Member

    A judgment cannot be dropped. It is already a done deal. The court has already made it's judgment and the only things that can be done (if anything) are getting the judgment vacated or sealed by the court.

    The only way to get the court to vacate it's own judgment is to be able to bring forth new evidence which if known at the time of the trial would have changed the outcome. Getting it sealed would cost more attorney fees and court costs so getting either one done is like wishing you could find a few tons of gold in your back yard. Probably isn't going to happen.
    Pay the judgment and that isn't going to get it off your credit reports either.
     
  9. ccbob

    ccbob Well-Known Member

    Doesn't a suit have to be brought in the jurisdiction of the defendant (not the plaintiff)?

    It seems like she might have grounds to have the judgment vacated, or at least reopened on the grounds of improper service, improper jurisdiction, etc.

    An uphill climb, but something to look into.
     
  10. cap1sucks

    cap1sucks Well-Known Member

    You are absolutely correct but the way I understood it was that the judgment was rendered in Oregon while she still lived in that state. I believe she also stated that she didn't want to have to go back to Oregon to fight it. That is understandable because while she might be able to hire an attorney in Oregon to get it vacated, that would be expensive and she would most likely have to make at least one appearance back there in order to get the job done. If she does it pro se then she might very well have to make two or three trips back there and the whole thing would be far more exensive than it probably would be to just pay it off and be done with it.
     
  11. heffington

    heffington Member

    Thanks for the info. The judgment was rendered in Oregon in October of 2008 but I moved to Nevada in September 2008. One more thing I am a he not a she. LOL

    Thanks Again
     
  12. ccbob

    ccbob Well-Known Member

    Where did you live when the suit was filed?
    Can you get a copy of the court records from the clerk of the court?
    That would tell you what, exactly, you're working with (e.g. when the suit was filed, how service was performed, etc.)
     
  13. heffington

    heffington Member

    I lived in Nevada when the suit was filed. In order to get the court paperwork I have to go back to Oregon, Right? If that is the case it may be a while as I am very busy at work and that is a day drive for me. Is there anyway I can call the clerks office and have them mailed to me?
     
  14. ccbob

    ccbob Well-Known Member

    Call 'em and ask.
     
  15. Dumb Bob

    Dumb Bob Well-Known Member

    You should be able to get court materials mailed to you. This will usually cost some money, often on a per page basis. It is likely to be much less expensive than traveling to Oregon. Obviously, you still may have to visit that state, but you'll probably wish to not use up a visit on something like just getting the paperwork.

    Judgments are a huge deal, especially they have an interest rate attached to them. You really should figure out what is going on no matter what you ultimately choose to do about it. The cost in figuring out the situation, getting the paperwork at least, should be nominal, well worth it.
     

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