fmc attorney lost info...help

Discussion in 'Credit Talk' started by ohnostuck, Nov 6, 2001.

  1. ohnostuck

    ohnostuck Well-Known Member

    OK. Something new popped up on transunion today. A civil judgment from Ford Motor credit. The judgement as paid it is listed as not paid and at the wrong amount. I called the court house and they gave me the number to the lawyer he doesnt have my info. He said he sent it elsewhere and he put me on hold and we three way called them. They don't have it either. Do I dispute it with him (he has NO record) or what do I do. Because it is a judgment I don't know how to do it. The court has it listed at 1808.00 and the credit report has 2105.00 so that is another error.
     
  2. roni

    roni Well-Known Member

    I would have both of them put it in writing and then call TU to dispute. Explain that you have letter and would like to submit it via fax to have it removed.
     
  3. ohnostuck

    ohnostuck Well-Known Member

    put what in writing? That they can't find it? The courthouse has record of it, but it is not correct. Ford has it as paid but that date is way wrong too. (their date differs with the courts by 14 months). This sucks
     
  4. breeze

    breeze Well-Known Member

    The courthouse has no record of what? the judgment? or the payment?
     
  5. ohnostuck

    ohnostuck Well-Known Member

    Of the payment. The LAWYER has no record of the case at all. But, like I said there are MANY errors on the judgement itself. For instance, right off the bat the plantiff is DMCC that is not right. It is supposed to be FMC. I bet that is what is making his (my husbands) score so low. His scores are now: Transunion 609, Equifax 619 and Experian 618.
     
  6. ohnostuck

    ohnostuck Well-Known Member

    Oh I forgot to add Ford has it listed as a PAID repo and it is sheduled to fall off December. So the attorney knows it is paid. I had Ford fax me a copy that it was paid, however the dates on that are wrong too. FOOIE
     
  7. ohnostuck

    ohnostuck Well-Known Member

    anyone?
     
  8. breeze

    breeze Well-Known Member

    Well, the attorney is in big trouble if you have cancelled checks or anything else to prove you paid it. If you're like me, you'd rather not have an attorney for an enemy ;)

    Otherwise, use Marie's trick. dispute the details with the CRA. I have never had a judgment from xxx company for $XXX.00.

    All perfectly true.
    If they verify it as it is, send the "process" letter. Don't let them reinvestigate it, insist on the process. Keep everything. Trap them, hehe.
     
  9. ohnostuck

    ohnostuck Well-Known Member

    Breeze,
    I get what you are saying, and I want to say thanks for always helping me. The only thing is, the court DOES have it listed. Only the amount is listed different with TU and it is paid not unpaid.I am afraid that when I dispute it it will come back verified but they will change it to the correct amount and status. It seems to be good that the lawyer lost all records and has no idea who my husband even is, but you are right I don't want to be enemies with him (even if he can't keep his paperwork).
     
  10. breeze

    breeze Well-Known Member

    Search back through posts about disputing judgments and see what you find.

    What difference does it make if that happens? An unpaid judgment is an unpaid judgment. You don't have anything to lose by disputing, and if they are true to form, you will have the same experience most others have had.

    If you can find your receipts for paying it, then all you will have is a paid judgment - that's not much better. Disputing it might get it completely off.

    When you search, many people spell it with an "e" in the middle - judgements. It's a big debate which way to spell it, hehe.
     
  11. breeze

    breeze Well-Known Member

    I just had another idea - try filling out the forms to vacate the judgment, send them to the FMC attorney with a letter suggesting that since he did not report the correct information to the court, and he lost his records, he might consider signing your petition to have the judgment vacated. Tell him it would be in both your best interests (hint hint). You never know, he might sign it.
     
  12. ohnostuck

    ohnostuck Well-Known Member

    I talked to him a little while ago. He said he would file a satisfacton of judgement. I said that is not good enough. There should have never been a judgment to begin with and it was illegal for him to get one. He said well there is nothing else I can do,he said he doesnt know how to get it removed. Does he think that I was born yesterday? Now all the sudden he has a paid date of 4/96 a month after the judgment but that is all he has. Funny- he couldnt send me that and NO ONE at Fords could find it. Just that it was closed in 95. This will continue on my report for 10 YEARS!
     
  13. ohnostuck

    ohnostuck Well-Known Member

    Oh and I called the court. They said there is no such form to vacate a judgement. They said to have it removed we would have to go to court again.
     
  14. breeze

    breeze Well-Known Member

    Excuse me, that is bull hockey. What state are you in? It is a motion filed with the court, and if the attorney who filed for the judgment signs it and makes it a joint motion, it is automatically vacated.

    I have the paperwork my lawyer did here in VA to have mine vacated by that exact process, if you want to copy them and make minor adjustments so they conform to the court where you would have to file it. I'll be glad to scan them and send them to you (minus my info, hehe).

    Or, you can get your own lawyer and have him do it. It cost me about $400.
     
  15. ohnostuck

    ohnostuck Well-Known Member

    that would be REALLY great breeze. I would appreciate it.
     
  16. breeze

    breeze Well-Known Member

    k. I have to dig them out. A day or two okay?
     
  17. breeze

    breeze Well-Known Member

    Email me so I know where to send them. Also, what format can you handle? I have OCR, but I don't know if it will come out right, May have to send as graphics file.
     

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