Re: Re: Demand payment in 5 days? I am not assuming anything. You stated the judgement was nowhere to be found. Then you state she took out a loan to pay for a judgement you can't locate in the courthouse that is supposedly settled. Does that make any sense? NO
Re: Re: Re: Demand payment in 5 days? Did you read any of the prior posts. They are now garnishing her wages. She contacted the OC and the judgment was not settled it was reported wrong. So in order to stop the garnishment she wants to pay him one lump sum and pay a lesser monthly amount. Yes the judgement is not to be found at the court house. But the docket says there was a judgment placed and it was not satisified according to the docket. In the meantime she is seeking legal counsel.
Re: Re: Demand payment in 5 days? If the judgment is a fake then how did he garnish wages? That was what I was saying all along. Obviously there is a judgement somewhere or else garnishment is not possible. But it seems other posters believe because it can't be found in the courthouse you don't owe it. That is something you'll have to prove.... by getting an attorney hopefully you'll get it all settled.
Re: Re: Demand payment in 5 days? Is there a possible law suit for the CRA reporting this thing wrong. claymca ============== If you get it changed you lose this as evidence that it was paid so I don't think I would want to push it. > THE END ** *** ** LB 59 """""""""```~~~```'""""""""" http://homepages.nildram.co.uk/~blagger/the_duel.html http://www.justsaywow.com/pages/flash/warm_bottle.cfm
Re: Re: Demand payment in 5 days? In terms of who you would go after for inaccurate reporting, the starting point would be the company providing the inaccurate information -- they've already admitted to you that they made the mistake. merlin ========= I think there was never a mistake. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
Re: Re: Demand payment in 5 days? 1* Getting an error in reporting on her CR corrected Getting an error in reporting on her CR corrected is way down the list of your priorities at this point! 2*Regardless of what state you are in, a notarized copy of the original judgement would have to have been filed with the clerk of the court in order for the judge to grant an order for garnishment 3*You need to get a copy of the CA/Plaintiff's lawyers motion for garnishment which will include the default judgement order ms6073 ================== 1*I wouldn't get it changed as it destroys evidence that the judgment was settled. 2*How do you do this when there is no judgment on file at the court house? Where is this court order for garnishment? 3*You don't want his copy you want it direct from the court. How do we even know he has one or if it's legit unless we compare with the courts records??????????????
Ok. Just contacted the OC. And yes it was a mistake the way it was reported on the credit report. So now what? After the OC or the CRA? Help please. claymca ======================= I would have left the OC out of it - now you've lost your evidence that it was paid
5 days? 1*I did read that thread and if you read the post dated 7/31/03 on it stating his g/f sent a validation letter along with a SETTLEMENT offer then one would assume she owes it, right? ******iambroke ******* ====================== 1*Some reasons that assumption is probably wrong. Here is a list of explanations PICK A FEW: Since most 3PDCâ??s are paid by commission, they are obviously motivated by the â??quick killâ? â?? a debtor they can scare the pants off who will immediately go out and do whatever the 3PDC wants to make the 3PDC go away. This is the Collectors dream . A second motivation is the psychological one â?? a motivation that is so contrary to our psyche that it explains the high employee turnover in the Collection industry. That motivation is the desire to get others to do what the Collector wants them to do â?? regardless of the hardship it places on the other person. I call this â??anti-mercyâ?. A successful collector relishes the â??satisfactionâ? of scaring a debtor witless. I have heard many 3PDCâ??s joke and boast about how much they scared a debtor, showing off the money sent by western Union or Courier like one would show off a The 3PDC relies on YOU to collect his debt. Strange as it seems, it is YOUR fears, YOUR fantasies, YOUR misinformation and YOUR partial understanding of the truth that empowers the 3PDC, and each of these is a weapon to be used against you. By carefully stating half-truths and letting your imagination run away, the 3PDC can bend your mind so that it sees what truths the 3PDC wants it to see, and pictures a future that the 3PDC wishes was the truth, but you believe it to be truth. â??Your Credit will be trash if you don't pay $X now.â? Letâ??s get real â?? if you are talking with a 3PDC, the account has already been charged off and whatever damage they can do to your credit has already been done. No amount you can pay right now will un-do that, and the 3PDC will resist you tooth and nail in your efforts to trade payment for Trade Line removal. The reason (they will tell you) is that they are required to report it. That is half of the truth. The truth is IF they report it, they are required to report it ACCURATELY. There is no law requiring any lender to report to any credit bureau. â??Paying this bill will help your creditâ?. Saying that is like telling the passengers on the Titanic that, while the Ocean underneath them is 10,000 feet deep, if they just swim 100 yards away the ocean is only 9800 feet deep. The boat sank anyway and they drowned. The depth of the ocean meant nothing at THAT depth. Same thing with your Credit Report. A Paid Charge Off is better than an UNPAID Charge Off, but not enough to convince a lender to approve a loan. Time is what heals this wound, not payment. I will not get into the personal attacks the 3PDC will launch against you â?? statements like â??What kind of example are you giving your children â?? you're not mature enough to pay your billsâ? or â??If you had any self-respect you would honor your obligationsâ?. To these stupid statements you need not remain civil. The 3PDC will keep you on the phone until he wears down your resistance. The longer you are on the phone, the more time he has to launch every psychological attack against you he can until he finds your â??hot buttonâ?. Don't let him. Stay on the phone no more than 3 minutes unless you see REAL progress being made (progress meaning helping you reach a resolution you can live with. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=361493#post361493
1*I did read that thread and if you read the post dated 7/31/03 on it stating his g/f sent a validation letter along with a SETTLEMENT offer then one would assume she owes it, right? 4**Sounds fishy to me. 5*If you don't owe it and paid it you should have proof you paid it PERIOD...you shouldn't be sending settlement letters and paying for something you don't owe. ******iambroke ******* ====================== 1*Some reasons that assumption is probably wrong. Here is a list of explanations PICK A FEW http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=361493#post361493 4*the Laywer is what is fishy. 5*Unless you are a victim of the tactics described in 1 above THE END ** *** ** LB 59 http://homepages.nildram.co.uk/~blagger/the_duel.html http://www.justsaywow.com/pages/flash/warm_bottle.cfm
Update. She just received an updated credit report. The tradeline for the judgment still states satisified but with the extra information. The extra info is her name and the cosigners name as satisified per them.
Update. She just received an updated credit report. The tradeline for the judgment still states satisfied but with the extra information. The extra info is her name and the cosigners name as satisfied per them. claymca ============= So now you still have evidence it's paid. If it wasn't paid as the lawyer claims why did it report paid and now the CRA has verified it as paid on this report.? I would not tamper with this either through the OC or CRA. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
I read somewhere that you can request a garnishment hearing in front of a judge. I would check out the rules in your state to see if this is the case. With the info you have in front of you (a RECENT CR indicating that the debt has been satisfied and a lack of any court documentation for a judgement) you might have a chance to stop the garnishment. I really think you need to contact an attorney at this point. CN has some VERY intelligent people contributing, but we are not lawyers and much of what is offered is opinion. If you can't afford an attorney, possibly you could call your state's Attorney General's office and discuss the case.
Re: Re: Demand payment in 5 days? Ok. Just contacted the OC. And yes it was a mistake the way it was reported on the credit report. So now what? After the OC or the CRA? Help please. claymca ============ How handy been listed all these years as paid, but now that they found you it was all a mistake.THE END ** *** ** LB 59 """""""""```~~~```'"""""""""http://www.bankrate.com/cweb/news/cc/20030804a1.asp
Re: Re: Re: Demand payment in 5 days? 1*I don't think its bogus the judgement was placed years ago. 2*I believe the debt was bought that is why the judgment was reported as settled. 3*The judgment is correct. 4*And it was pay or garnishment in five days. 5*no communication was made to say the debt has been bought and it will show up as settled on your report. it will show up as settled on your report. You now owe the debt to "whoever" claymca ===================== 1*maybe not but me thinks the lawyers claim is. 2*When a debt is sold it reports as sold o balance; not settled. A settled account is a paid account not a sold account. 3*Don't think so. 4*Where is the court order for this ? 5*That's because things aren't reported that way as explained in 2 above. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""
1*If a judgement is not on file with the court, does it exist? 2*If the attorney is the only person on this earth with a copy of the judgement, what would stop him from altering the document to suit his purposes -- or completely fabricating it? 3*(This is a hypothetical, not necessarily what's happening here.) 4*There has to be an original somewhere (doesn't there?) 5*I agree with LB59 . . . there are enough odd things with this that I would start at the source (the judgement) and work from there. merlin ==================== 1*How can it? 2*Not a thing ? 3*So many red flags about what is going on here sure points in the direction of non- hypothetical. 4*Not for a fake that this attorney has. 5*I would be demanding and getting all the facts before I paid a cent. claymca deserves straight answers to the issues presented in the threads. At this point in time I have heard nothing from the CA addressing even one of these issues. At the very least he is entitled to viewing the original judgment at the court house before paying one red cent and most certainly before allowing the CA garnishment rights. THE END ** *** ** LB 59 """""""""```~~~```'"""""""""http://www.bankrate.com/cweb/news/cc/20030804a1.asp
this is why... ...we tell you to opt out. The CRA sold her name to the CA because she had a mortgage inquiry. Anyone going for a mortgage should opt out several months ahead of time. As a matter of fact, I think everyone should opt out period. They are making money off you - and this is how they do it. I see post after post about old debts coming back to life when someone applies for a mortgage. OPT OUT!!!
this is why... As of right now it has been paid. She took out a loan to pay the debt. This was done to stop the garnishment and to pay a lesser monthly amount. Don't know what the plan is now. May talk to a lawyer.