Brand new to this-Summary Judgement?

Discussion in 'Credit Talk' started by sarahlm, Dec 3, 2007.

  1. sarahlm

    sarahlm New Member

    Brand new to this-keeping Summary Judgement off credit report?

    Please excuse my ignorance. I just found this forum and know next to nothing but am hoping for some help.

    I got a "notification of judgement filed" from the Employment Development Department for $1700. I thought i was making payments...(long story), turns out I was late with my payments.

    I called and they said they wont vacate the judgement even if I pay the whole thing now. it was filed on Nov 7, 2007.

    I have Identity theft so my credit is already horrendous. This is going to make it really bad! Its not on my credit report yet, is there any way I can keep it off now? They set up a new payment plan with me, but I think I could borrow the money if that will keep it off the credit report.

    But, I dont have much money so I dont know if I can get a lawyer, unless it was a one time flat fee or something(I dont know how all that works).

    How badly wiill this affect me? Does anyone know? And is there ANY way to keep it off the report that anyone knows of? Like if I pay it off now, maybe they wont report it or something???? Any help is greatly appreciated!!
     
    Last edited: Dec 3, 2007
  2. Oracle

    Oracle Banned

    Several questions, if I may?

    Were you ever served a summons on this? Is a judgment against you actually on file in you local courthouse? Some other courthouse? Who is Employment Development Department and what is your relationship with them; are they an original creditor? Is there any relationship between the identify theft and the "judgment" against you.? Any other details that relate to this matter?

    Basically, in order to be of assistance, we need information on the situation.

    Your first action really should be to go get what is on file with the Court... All of it.

    If it's not on file with your court, or any other court, it isn't a judgment.
     
  3. sarahlm

    sarahlm New Member

    No summons, but he said that its not like that, because its unemployment. They just file a motion, I guess.
    It is on file (I checked online), but in Sacramento...and I live in Southern California. Thats where the main unemployment office is.
    No relationship btwn. ID theft and judgemnt, just me being stupid and uninformed when I was on unemployment.
    They are the original creditor. Its a government company so they have there own collections office.
    They dont report it to the credit agencys, he said, it just goes on there because its a public record.
    Thanks for trying to help-any other questions i will be happy to answer, Im just so clueless that I dont even know whats relevant.
     
  4. Oracle

    Oracle Banned

    They have the tendency to not go away... I am not familiar with CA statutes in that regard, but I suspect, like in other states, they are a law unto themselves and can levy without court order.

    I would recommend that you figure out a way in which you can square things with them and see if they will go along with it. As for vacating the judgment, the Courts will likely not be of any assistance. Best to get an agreement you can live with than have them show up from time-to-time and clean you out. It is likely that they won't rest until they have collected what they think you owe.

    Your recourse is likely through their administrative review process; that tends to be somewhat stacked in their favor. If they determine you owe, they will try to collect.
     
  5. sarahlm

    sarahlm New Member

    I dont mind paying it, I owe the money, I just wanted it to stay off my credit report.

    So, maybe if I appeal the original amount owed or something???

    How bad is it to have a judgement? My credit is TU:515, Exp: 525, Equ: 589, so its bad enough already, and I have already deleted like 6 ID theft accounts, although many are left (and a few small legitimate derogatorys).

    If I pay it now, (somehow) will it affect my score a lot when it finally shows up on my credit report? (as satisfied)

    Do you know how long it will take before its reported..obviously I want the 7 years to start ASAP
     
  6. bizwiz41

    bizwiz41 New Member

    Not to be a doomsayer here, but I think you will not avoid this one. As for the judgement, I'm certian there was language you "agreed to" when you signed up for, and received unemployment. If you had conduct contrary to that agreement, then I'm sure the agency is acting in accordance with the legal requirements.

    As they stated, they are probably not directly reporting this judgement, but the fact that it is filed as a Public Record, it is likely to appear on your credit report. You would have to check California law to see how long it can stay.

    The only hope you may have is to "appeal" this judgement through the unemployment department procedures, if you have not already lost the opportuntiy window to appeal. Most unemployment departments have a procedure to appeal a decision/action made. You should investigate if there is still a chance to appeal this judgement. You may want to consult an attorney in this case.
     
  7. sarahlm

    sarahlm New Member

    What kind of attorney?
    They said I can still appeal the original amount owed and they may decide to hear my case if I explain why I am filing the appeal late. The only way I would win the appeal is because there may have been paperwork errors, or my former employer may not show up to the hearing but doesnt that seem like a long shot? So I wouldnt win anything, except postponement of the inevitable, right? Eventually, it would just appear and the 7 years would start then, not now?
     
  8. Oracle

    Oracle Banned

    Nothing ventured, nothing gained. But that is a choice that only you can make.
     
  9. Collector2

    Collector2 New Member

    There is some hope

    Here are some viable options or realities for you:

    1. The judgment may never appear on your credit report if EDD does not file an abstract of judgment. (they may hold off on filing based on your repayment and believe me it is a major pain to release these abstracts.)

    2. They may hold off on filing the abstract based on the fact that you are in repayment with them.

    3. You have 30 days from the entry of judgment to request an appeal or motion to vacate. You time up is on 12/7/07 so if this is something that can be paid immediately, the agency may not show up to the motion and let it go if paid timely.


    Anyway, by talking to the agency, you at least keep the line of communication open, as stated earlier, government agencies have a law unto themselves and can pretty much wait you out on collections. Also, if you are receiving a refund, this may be intercepted (both state and now federal)
     
  10. apexcrsrv

    apexcrsrv New Member

    All very good advice herein. I would second the thought that repayment would be wise so as to not afford Lexis Nexis the opportunity to see it.

    Once they do, they'll report it. After that, you will have to go through the re-investigation process and it is 50%-50% as to whether it will be deleted.
     
  11. bizwiz41

    bizwiz41 New Member

    If you get an attorney, it should be one who specializes in employment law.

    If you can still appeal, you should try. You never know if there were paperwork errors, and sometimes employers do not show up. A "long shot" is better then none. I have been on the losing end more times as an employer than on the winning side. Sometimes, another set of eyes looks at the paperwork and notices a detail no one else did, for better ot worse.

    If you make an appeal, you may also buy time to pay this, and stop the reporting of it as a Public Record, this will keep it off your credit reports.

    As posted previously, "Nothing ventured, nothing gained"...you really can't end up worse than you are right now.
     
  12. sarahlm

    sarahlm New Member

    so what do I do?

    so do I now borrow the money and pay the whole thing right away while filing a motion to vacate? How do I do that if thats what I should do?

    Or are you saying that if Im repaying it in payments (which is what I can afford), I can still file the motion to vacate...and they wont show up because they know Im paying it?

    Basically, do I pay the whole thing now, or continue to make payments and file the mtion to vacate no matter what?

    also-how long does it usually take to show up on the credit report?
     
  13. sarahlm

    sarahlm New Member

    I dont know if I was clear above: how do I file the motion to vacate?
     
  14. bizwiz41

    bizwiz41 New Member

    Your main issue here is a time element, and trying to minimize the damage. Obviously you made a mistake somewhere, and now it's trying to make the best of it.

    If you can retain an attorney to handle this, this is the best option. Your other best position to negotiate from is having the funds to pay this in full.

    You should try to file a motion to vacate, but this is difficult for someone new to this. But try you should.

    Again, you should be entering an appeal, and try to find a "good reason" for late filing. Try "not understanding your rights", or "awaiting legal advise", etc.

    As for showing up on your credit report, once it is a public record, it could take anywhere from less than a month to several. There are a lot of factors to the reporting window.

    Again, I would strongly recommend an attorney who specializes in employment law, and unemployment law cases. Believe me, they do react differently when a lawyer shows up.
     
  15. Collector2

    Collector2 New Member

    Motions are easy to file


    Before I can substantiate the title, was this filed in small claims? If so, go to the small claims helpcenter and the form to file a motion is there.

    For strategy sake, I would borrow the money (all of it) pay the money to EDD, and simultaneously file the motion to vacate. EDD is not going to show up in court for something that was paid. The motion should be granted and you have a little weapon just in case the judgment is picked up by the CB, the granted motion.

    I think EDD takes all of its items to small claims based on the fact that most of the items are under 5k. I could be wrong, but trust me, don't ignore this one or let it go beyond this Friday which is 30 days from entry of judgment.

    I stress this deadline because this is the final date of appeals, you can hand write your motion and your basis, the court can in some counties mail the notices to the creditor and you will have your breathing room. You can actually ask for the motion to be heard in 45-50 days to give yourself some time, just ask the clerk.

    In california, the abstract of judgment or enforcement of judgment is stayed for 30 days from entry of judgment.

    http://www.courtinfo.ca.gov/selfhelp/smallclaims/
     

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