I HAD A JUDGEMENT ON MY CREDIT IN 1999 WHICH GOT DELETED IN 2001. I GOT A CALL 4 DAYS AGO FROM A COLLECTION AGENCY WHO IS TRYING TO COLLECT ON THE JUDGEMENT, SAID THEY WERE GOING TO GARNISH WAGES AND NOTIFY THE OTHER COMPANIES WHOSE JUDGEMENTS AGAINST ME WERE DELETED IN 1999 & 2000. THEY PULLED A CREDIT REPORT AND SAW ALL OF THE OLD DELETIONS. I PULLED MY REPORTS TODAY ON FICO.COM, PRIVACY GUARD AND TRUECREDIT.COM AND SO NO DEROGATORIES. SCORES IN MID 700'S ON ALL CRAS. I SENT THEM A C&D VALIDATION LETTER CRRR, WHICH THEY REFUSED AND SENT BACK. I KNOW THAT UNPAID JUDGEMENTS CAN BE COLLECTED ON INDEFINETILY. WHAT IS THE NEXT STEP SINCE THEY REFUSED MY LETTER?
I don't understand this tactic...if the judgments are for substantial amounts, state laws limit the amount of wages that can be garnished (10%) at any one time, so they other judgment creditors would all have to stand in line to get paid anyway
Collection After Judgement-EXPERTS Save the letter, unopened... This is your evidence against the CA. They are still obliged to the validation & C&D that they refused. You have proof that you did notify them, but they refused to accept that notification, and they can not play the "we were never notified" when they were notified, and they refused to accept that notification. The advice that I've seen given is hold on to the letter until they violate the 809 cease of collection activities (or the cease communications), and then file against them, if they refuse the letter from the court, its a guaranteed judgment against them. Talk about fighting fire with fire.
Collection After Judgement-EXPERTS All they have to do is provide a copy of the judgment. Validation is useless now since, it has been adjudicated, it is a factual matter. Is it possible to pay the judgment or, get it vacated? They really hold all of the cards now. If they move to garnish your check your check, there's not much you can do.
Re: Collection After Judgement-EXPERTS I AM STILL WONDERING WHY WOULD THEY REFUSE THE LETTER IF IT'S TO LATE TO VALIDATE? I WAS NEVER NOTIFIED, NEVER SUMMONED AND THEY REFUSED MY LETTER. I AM ALSO SELF-EMPLOYED. DO I SUE THEM AFTER 30 DAYS? I SENT ANOTHER LETTER TO TODAY. CERTIFIED WITHOUT RETURN RECEIPT REQUESTED, BECAUSE USPS STILL GIVES CONFIRMATION OF THE DELIVERY. ANY SUGGESTIONS?
Re: Collection After Judgement-EXPERTS Go to the courthouse and pull your case file and see what happened. See if it is possible to vacate the judgment on the grounds of lack of service.
Re: Collection After Judgement-EXPERTS I HAD A JUDGEMENT ON MY CREDIT IN 1999 WHICH GOT DELETED IN 2001. I GOT A CALL 4 DAYS AGO FROM A COLLECTION AGENCY WHO IS TRYING TO COLLECT ON THE JUDGEMENT, SAID THEY WERE GOING TO GARNISH WAGES AND NOTIFY THE OTHER COMPANIES WHOSE JUDGEMENTS AGAINST ME WERE DELETED IN 1999 & 2000. THEY PULLED A CREDIT REPORT AND SAW ALL OF THE OLD DELETIONS. I PULLED MY REPORTS TODAY ON FICO.COM, PRIVACY GUARD AND TRUECREDIT.COM AND SO NO DEROGATORIES. SCORES IN MID 700'S ON ALL CRAS. I SENT THEM A C&D VALIDATION LETTER CRRR, WHICH THEY REFUSED AND SENT BACK. BUMP I KNOW THAT UNPAID JUDGEMENTS CAN BE COLLECTED ON INDEFINETILY. WHAT IS THE NEXT STEP SINCE THEY REFUSED MY LETTER? I AM STILL WONDERING WHY WOULD THEY REFUSE THE LETTER IF IT'S TO LATE TO VALIDATE? I WAS NEVER NOTIFIED, NEVER SUMMONED AND THEY REFUSED MY LETTER. I AM ALSO SELF-EMPLOYED. DO I SUE THEM AFTER 30 DAYS? I SENT ANOTHER LETTER TO TODAY. CERTIFIED WITHOUT RETURN RECEIPT REQUESTED, BECAUSE USPS STILL GIVES CONFIRMATION OF THE DELIVERY. ANY SUGGESTIONS
Re: Re: Collection After Judgement-EXPERTS No Etheral, there aren't. And I know you don't wanna hear that. I wouldn't either, but the gang is right. You have 2 choices; 1) Go get this judgement from the courthouse and seek to get it vacated, or; 2) Strike a deal with these guy's that if you'll pay $XXX, it will settle the problem and that they will NEVER REPORT IT. And that they will withhold their answer to your motion to vacate, that you'll file AFTER the case is closed. If you chose 2, always make your pmts. under protest so you can fight any 1099 thay might send. Sorry Etheral, but judgements change EVERYTHING. .
Re: Collection After Judgement-EXPERTS 1*I SENT THEM A C&D VALIDATION LETTER CRRR, WHICH THEY REFUSED AND SENT BACK. I KNOW THAT UNPAID JUDGEMENTS CAN BE COLLECTED ON INDEFINETILY. 2*WHAT IS THE NEXT STEP SINCE THEY REFUSED MY LETTER? etheral | ><- <>- ><- <> 1*Don't open that letter it's evidence you will need if it goes to court 2*Send estoppel 30 days after they got the letter. 15 days after they get the estoppel send an ITS letter. ><- <>- ><- <>
Re: Collection After Judgement-EXPERTS I Guess this proves my theory: Quote--THEY PULLED A CREDIT REPORT AND SAW ALL OF THE OLD DELETIONS-- The CRA's have a "history" or "archive" section of our creidt file that a CA or judgment creditor can see and we cannot? Of is it hype on the part of the CA??
Re: Collection After Judgement-EXPERTS Or... They (or the original creditor) pulled a credit file in those years, and noted the other judgments on the file. (or archived the complete report.) When they pulled the credit report recently, and noticed that those judgments were gone, and the CA having no reason why they would be gone decided to think that they could use the fear of outting them to the other judgement holders who they are evading to get them in a position to want to settle.
Re: Re: Collection After Judgement-EXPERTS No, they have their own SOL, which is different from the SOL for filing suit, and true, it's probably longer. For instance, in Florida, a judgment is good for ten years. If renewed before expiration, it's good for another 10 years. Other states' SOLs for judgments may be shorter (or longer). You need to check them. As to the CAs being able to tell that judgments had been deleted, my take would be that they must have had an older report. The threat to report you to the judgment holders is an intimidation tactic. It's probably not worth their time and effort to try to track down those judgment holders ... unless you prove yourself an "easy mark" by paying them quickly and without any further hassle to them (no agreements to do or refrain from doing, directly or indirectly, this that or the other thing). If you're a trembler, they're going to track down those judgment holders and offer to buy the judgments at a discount, or help the judgment holders collect them. Yoiks!
Re: Re: Collection After Judgement-EXPERTS Yes, they have their own SOL, however, in most states they can also be re-affirmed before the SOL expires... SO, the judgement could be kept alive virtually indefinately, if the company is prepared to go back to court every few years.
