Hey everyone. So far I've successfully had 20 inaccurate accts. deleted using this board, creditreportrights.com, and creditboards.com. A huge thank you to those who spend countless hours helping the clueless such as myself. I can't express my gratitude enough! I try not to post too often since many questions can be found simply through searching, but I really need some assistance now. I sent the following letter to the company listed below to propose settlement for this judgement. It came back today signed and dated from the company. Credit Bureau Services 2147 William St. Cape Girardeau, MO 63703 Case number: XXXXXXXX Judgment amount: $819.00 Dear Credit Bureau Services, I am aware of the money due you and of the judgment placed against me for said money. I had every intention of taking care of this prior to the entry of the judgment but unfortunately time constraints ended that chance. Today I am writing to you so that we may put this matter behind us and settle out the judgment for good under a few conditions. This will save you time and money trying to collect the judgment and will help me recover from your negative entry against me. I have been offered an amount from a close family member to pay you $400.00 to settle the full debt and have the judgment dismissed. Payment in lieu of dismissed judgment As the judgment creditor, you reserve the right to dismiss the judgment as well as entering it. If I pay you from this offer letter saving you immense time, fees and paperwork, you can then file a simple paper with the courts dismissing the judgment. My offer is to pay you in lieu of the dismissal so that we have both gained something from this unfortunate situation. It is extremely important that you dismiss the judgment rather than satisfying it because a satisfied judgment really looks no better for me than a filed judgment. With a dismissed judgment I can justify paying you. Upon your signed approval of this offer, I will forward the full settlement to you immediately. I understand this offer is void if I do not send you $400.00 within 15 days of your signed confirmation. If you agree to "dismiss" the judgment upon full and final payment of $400.00, then you must sign this offer and acceptance. Judgment creditor name & signature __________________________________ Date signed _________________________ I included this letter too: Cass County Associate Court 100 Wall St. Harrisonville, MO 64701 Judgement Creditor: Credit Bureau Services Judgement Debtor: XXXX XXXXXXXXXX Case Number: XXXXXXXXXXX Amount of Judgment: $819.00 Date of Entry: 04/1999 We the undersigned Judgment Creditor and Judgment Debtor have agreed to settle this matter and hereby jointly apply to the court for an order that the judgment involved, XXXXXXXXX, be set aside and dismissed. Signed: Judgment Creditor _________________________ Judgment Debtor ________________________ Date signed: ______________________ They stuck a post-it on this one that said "Mr. Carpenter, we cannot sign this until you send in certified check for $400.00. Upon receipt of payment we will forward to courthouse and mail copy to you." Now I understand what they are saying there, but what happens when the CA sends this letter to the court? Does the clerk simply hand it to a judge to sign and the judgement is then dismissed or will I have to go to court? How would I go about getting this removed off my credit reports once it has been dismissed? The address I was served at is still listed on my credit reports as a previous address and it won't come off. Also, should I have worded the letter to include "with prejudice" in the settlement offer? eeeps. I hope I haven't screwed up. I dunno, I'm stumped here. As always, any and all advice is considered and definitely appreciated!
Methinks the CA is setting you up. Putting their "acceptance" ona post-it note is like writing it in sand at the beach. It won't be there for long. I would re-word your entire thing to something like this: STIPULATION OF SETTLEMENT This Stipulation of Settlement is entered into between XXXXXX, hereinafter referred to as Creditor and XXXXXXX hereinafter referred to as Debtor on the following terms and conditions: 1: Debtor will pay to Creditor, within 15 days of the execution of this Stipulation, the sum of Four Hundred ($400.00) dollars in full settlement of all liquidated claims of Crditor against Debtor. 2: Creditor agrees to remove its trade line from any and all Credit Reporting Agency files of Debtor within thirty dats after payment of funds in Article 1 above. 3: Creditor acknowledges that any amounts claimed by creditor to be owed by debtor ad not paid hereunder are disputed within the meaning of both the Federal Fair Credit Reporting Act and the Internal Revenue Code. 4: This Stipulation and any disputes thereunder shall be decided according to the laws of te State of XXXX and both parties designate YYYYY County as te proper venue for any litigation hereunder. 5: In the event of any breach hereunder, both apties agree that the prevailing party in any duspute shall be entitled to recover reasonable attorneys fees and any unascertainable damages are hereby agreed to be deemed liquiudated damages in the amount of Five ($5,00.00) Thousand dollars. Signed and dated this _____ day of _______, 2003. Signed and Notarized by both parties
what I fail to understand is that I have posted 23 reasons why a judgment can be null and void upon it's face. That means that there is probably somewhere around a 1.% chance that it is a valid judgment and yet you plan on paying them. Why is that?
Flying-well there is a signature on the settlement agreement, but the note was stuck on the letter that would be sent to the judge. Bill...hmm...I have not read up on that particular subject because as my luck would have it, the judgement would most likely be valid. It was filed in 1999 when I still lived in Missouri. The courthouse is 7 hours away so I sent off for a copy of the judgement and I received it today. I will search for your 23 reasons and study them. I appreciate the posts from y'all.
