I'm a newbie at credit repair, so a lot of this is entirely new to me. When I first pulled my credit reports, I started looking at items and planning what to do, etc. So far so good. One thing has bothered me, though, On all three reports there are two things that have been 'standing out' and I didn't put the pieces together until just now and need help with how to proceed. sometime in early 2002, I received a 'warrant in debt' (I live in Virginia). It was posted to my door when I got home one day from work. Never having seen one, or knowing what it was, I was petrified. It basically looks like a fancy court document. It was from Wolpoff & Ambramson on behalf of Platinum Financial Services claiming I owed a debt to Providian for a credit card. By the way, does anyone know offhand what credit cards Providian had? I briefly had an Aria card, and for some reason, I thought this was related to that debt. Anyway, I get this posting and it says the court date is May 13th (looking at it now, I realize there is NO current date anywhere on the document, so I can't figure out exactly when it was posted to my door). Now, don't laugh at me...I wasn't even pondering credit repair and had no clue what my rights were, etc. (wish I had found this board sooner). My divorce several years ago was a difficult one financially, and I made a lot of mistakes I now want to repair. Well, getting that posting...I decided fine.. the amount is somewhat manageable ($550)...I have a good job, why not take care of some of my debts. The next day, I sent a letter with four post dated checks. I explained in the letter that I wanted to pay my debt, and enclosed were four checks dated for my paydays (15th and last of month), breaking the amount down. If they were willing to accept it that way, fine, send me a letter saying the debt is paid. Again, I was an idiot..I didn't send it certified, and I'm not sure if I even kept a copy of the letter (but, I can see if my bank can research and find the checks I wrote). I didn't receive anything from them in writing (I know..I know...I was an idiot), but my checks were cashed. I don't remember offhand how much time had passed, but I finally received a document stating that my debt was satisfied. Well, looking at my credit report this afternoon and making a few more plans, I realized two glaring things on my credit report. One is for a civil judgement from guess who, Platinum Financial! There's also a listing from Providian showing as a 'bad debt' on TU, 'Transferred' on experian, and BD/COL/SKP on Equifax. So, I just dug and dug in my drawers,etc. and found the original warrant in debt. I responded to them within two days of receiving the warrant, so I settled with them prior to the court date. I also found the 'document' they sent me as proof of payment. What they sent me was a 'notice of satisfaction'...I'm no lawyer, don't claim to be...but I can't make heads or tails of this. The court date was May 13th. I had to have been served well before (anyone know Virginia law, how much time they have to serve?). I contacted them within days of the warrant, so my checks would have been dated for practically immediately. They're claiming on this satisfaction document, that I didn't satisfy my debt until July 17th. I'll have to dig up the checks to find out exactly when I dated them for, but I'm wondering if the 15th was the last post-dated check, and these jerks took my money and 'prolonged' the court process! (claiming I didn't pay them until much later). They also didn't enter the court document into the record until the 12th of August! So, now I'm lost as to what to do. I am going to call my bank and see if they can find the checks and send me copies (I'm going to look if I have my old bank statements, but I'm just not sure). Does anyone know, if they accepted my offer, and cashed my check, if they can still go to court and get a judgement against me? (which is what it appears has happened). I even have this little card that came with the warrant that said 'if you want to settle this before the court date, contact at the below information' (which is what I did). I'm not familiar with 'public record' postings on credit reports. Are those legitimate court judgements, or just what someone has told them (like these attorneys) is a judgement? Can anyone offer advice/suggestions on what to do. I want this off my credit report, but I'm also angry that they did what they did (but don't know if I have any legal recourse). Thanks in advance, and sorry for the long post!
I managed to find my old May 2002 bank statement, and sure enough, I found a cashed check for the settlement. The total 'judgement' on this was for $550.19. I sent them three checks, the first two for $200, the last for $159.19. The check I found is for the last one, and it's dated 5-31-02, which means the previous two would have been dated for 5-15-02 and 4-31-02...well BEFORE the court date. I also remember (and my mother reminded me)...about two months after they cashed all my checks, they sent me a statement claiming that I owed an additional, I believe it was $45 (I'll look for another check in my statements). I was annoyed but sucked it up, sent the check off and thought 'fine...they're all paid up now so they'll leave me alone' (bear in mind, the original 'warrant in debt' claimed the amount I owed was $550.19). Now that I'm putting these pieces together, I'm wondering if this supposed date they claim on the notice of satisfaction is in fact, the date they managed to extort the extra money out of me, and if so, if that is legal. I still don't see how they could go to court and get a default judgement against me, when they accepted my settlement before the court date! **I just found that 'extra' check, it was for $85.36 and is dated August 16th. Like I said, though, I can prove that I settled with them BEFORE the court date for the amount they were supposedly suing for. They still went to court and got the judgement, and didn't enter the 'notice of satisfaction' until I'd given them that last extra money (over the judgement amount)
The only payment made before the court date was the check dated 4-31. All the other checks were cashed after the court date. How could you think you settled with them before the court date? Remember these are collectors you're dealing with. If they were honest businessmen they wouldn't be in business long.
I stand corrected on what I sent them, I found ALL the checks I gave them (it's been so long, I couldn't remember how many checks I sent them): 3-28-02 $100 4-15-02 $100 5-01-02 $100 5-15-02 $100 5-31-02 $150.19 I sent them these five checks UP FRONT post-dated (not one at a time). Look, I know now that these types are not honorable, but at the time, the card that came with the warrant stated that if I 'wanted to avoid the court date' to settle my debt immediately. Again, I ask, how can they go to court and get a default judgement against me when they've already taken (and by the court date cashed) four payments? They'd already collected $400 and still went to court claiming I owed them the full $550.19 (which they had checks already in their hand for). Not to mention that they extorted the extra $85 and change two months after the fact and didn't file the notice of satisfaction with the court until they'd received it. Also, I received nothing after the court date notifying me of the judgement against me.
I'm sorry this happened to you. I can feel your frustration. There are experts on the board who can give you advice but they are probably at dinner right now. Be patient and they will reply to you soon. Good luck.
Thanks SoParkDiva, I appreciate it . It's so frustrating, because at the time, I just wanted to take care of my debt and thought I was doing the right thing. At the least, I'd like to find out how to deal with the CRA's to change how it's showing up (at the least, get the Providian updated!) Thanks again, I'm so glad I found this board!
I think the mistake you made is that you sent post-dated checks. Other than them not having any legal standing as far as I know the last one has a date of 1 month after the court date. They can argue that since two of the checks are dated after may 13 that you didn't settle until after the judgement date.
Sorry to hear about your misfortune. But I'd like to take this opportunity to remind folks the worse thing you can do is NOT answer to a summons. You have a better chance answering than not doing anything at all. These creditors RELY on you not answering and showing up for court so they get the easy win. These bastards Platinum Fin/Woplpoff..... tried to sue me. I knew the debt was uncollectable and I answered; was ready to fight; and appeared for court. The attorney asked for a dismisal a few days before the court date. I hate it when someone gets a default judgement becauase no answer was filed/ non appearance in court.
Well, I guess my stupidity was in thinking that if they cashed my checks, that meant they accepted the settlement, and the court date was 'off'. By the way, I never received anything after the court date that a default judgement was entered against me. That's why I never knew they'd still gone to court. I know I was the idiot here, serves me right for not investigating beforehand...but oh well, I'm learning now. That stupid 'settle now to avoid court' card with the warrant made me think they didn't WANT to go to court. Little did I know. What should I do about the CRA's? Can I at least get the status of the judgement updated to 'satisfied' (have the document to prove it). How about the Providian that's still reporting? Is it even worth it to try? (don't know if that helps my score)
i would try to just dispute it as not mine with the cra's and see what happens. it may be deleted. did you agree upon giving the the post dated checks that they would withdraw judgement? probably, because what other incentive to pay like that if you were going to get a judgement anyway. if that doesn't work. I would try a simple goodwill ca pointing out how they may have neglected this detail and asking them to resolve it. i would send it cmrrr. I would call and try to get the name of the president/ceo to direct it to. see what happens
1* I'd like to take this opportunity to remind folks the worse thing you can do is NOT answer to a summons. 2*You have a better chance answering than not doing anything at all. 3*These creditors RELY on you not answering and showing up for court so they get the easy win. These bastards Platinum Fin/Woplpoff..... tried to sue me. 4*I hate it when someone gets a default judgment because no answer was filed/ non appearance in court. edogge ============ 1*Don't work for those who never got the got the summons. 2*From what I've seen here most never got the chance to answer. 3*And default judgments encourage this scam. 4*Defaults judgments as are presently rendered ought to be outlawed. There is no rime reason or excuse for the way they are obtained. THE END ** *** ** LB 59 """""""""```~~~```'""""""""" http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=49879
1*Does anyone know, if they accepted my offer, and cashed my check, if they can still go to court and get a judgment against me? 2*I'm not familiar with 'public record' postings on credit reports. Are those legitimate court judgments, or just what someone has told them (like these attorneys) is a judgment? 3*I still don't see how they could go to court and get a default judgment against me, when they accepted my settlement before the court date! 4*I can prove that I settled with them BEFORE the court date for the amount they were supposedly suing for. They still went to court and got the judgment, and didn't enter the 'notice of satisfaction' until I'd given them that last extra money (over the judgment amount) 5*Can I at least get the status of the judgment updated to 'satisfied' Koda33 ================= 1* Yep they can. 2* This information must come from the court records. It's not a he said they said deal. 3*Because you didn't go to court and fight it. 4*There are 2 issues here: one the debt and 2 the judgment. You have addressed the debt but not the judgment. 5*You could but the better idea is getting it removed from the records of both the CRAs and the court. THE END ** *** ** LB 59 """""""""```~~~```'""""""""" To whom it may concern. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=360077#post360077 Help Please!!! Platinum Financial http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=360020#post360020 THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
