Need advice-I received a letter from a New York law firm notifying me that they represent an acquisition firm who bought a judgement from First Card Bank. They claim the judgement was filed in 1989 in New York (I now live in California) and I never was served papers. The only reference to a judgement is on their communique. The statue of limitations is 10 years for judgements in both states. Can I demand proof of debt to find out if the judgment did exist, and if so has been renewed, without jeopardizing my original S.O.L.? Should I ignore the letter and assume it's a last ditch effort to collect? If they send proof of debt, what are my options? I have sqeaky clean credit (50k+, no balances).
look up the Judgment yourself I only know some basic info on judgments after the fact, but here's what I'd do. I'd call the county courthouse where you had lived in NY and try to find out about the judgment yourself. You could probably have a search on yourself done for minimal cost over the web too. The statute of limitations will apply unless they can renew. In Ga you can "renew" a judgment and in essence, haunt someone forever. Anyway, contact the courthouse and find out for yourself. If there was no renewal it's a dead issue. If it is a dead issue, I'd then contact this law firm in writing and let them know you know it's a moot point. I'd send a validation request and then a cease and desist. SEEYA. Then, if they try to put it on your credit reports you'd have a legal paper trail of a request for validationa and of a cease and desist. If they added it to your credit file then they'd be violating the FCRA, and if they pursued you they're violating the FDCPA. Either way, it's a pretty automatic 1,000 per violation fine for you.. and you can represent yourself in small claims court against them if you want to. Now, if it has been renewed, you have different issues. You could always have a friend try to buy the judgment from them and then have your friend vacate it. This is a beautiful approach because it still makes the judgment disappear. I also just read some info by "credit wrench" about his approach and it really deals w/judgments. I am thinking of buying it just for curiosity sake. It deals w/procedural errors that can get a judgment voided (or vacated, I'm not sure the terminology). Anyway, if you find that the judgment has been renewed, then I'd buy this creditwrench stuff and read it. It'd be worth a shot and I think it was under 50, which is reasonable. I think it's a last ditch effort to collect... and I think they're hoping you won't know your rights. I think if they had any rights left w/this judgment, they'd have already put it on your credit report to use that leverage to try and "blackmail" you w/your good credit into paying their bad debt. I agree with you, though. Better to go ahead and investigate this one so you know where you stand... good luck.
Thanks Marie Thanks, I appreciate your time and advice. Where can I get info on this "credit wrench". I might need it. Thanks again!
Re: Thanks Marie In addition, if you were note served with notice of the hearing, you may be able to have the judgement "vacated" depending on the statute.
Re: Thanks Hal Vacated is the word I was searching for. (not voided, though it means the same thing). In Ga there is a statute of limitations on trying to get a judgment vacated... and I missed it. Credit Wrench? Search this site and it'll come up. Hey has anyone tried it yet?
Re: Thanks Hal I'd be interested to hear if anyone has tried this. Any other comments or experiance concerning this matter would be appreciated. Thanks, Marie and Hal.
