HI! This is my first post, and I am hoping you can help me. My husband and I have been working to clean up his credit and pay off some of the debts that his ex managed to run up after thier divorce but in his name. On the 25th of this month we will make our last payment to Capital One. They also filed a judgement against him and garnished his wages, and then stoped for some reason. We contacted them (through our lawyer) and got them to settle for the remaining ballance. At the time, I did not know that some would settle for payment in exchange for deletion of derogs, so that was not part of thier origioal agreement. After I found this site, I emailed thier attorney to confirm receipt of our first payment, and asked him to consider advising his client (CAP 1) to removing the charge off and derogs when we complete the payment schedule. My arguement was that we were completing our end of the bargain with the payment plan, when we could have just filed bankrupcy and wiped it out (not that we would have, but he does not know that). I told him that I had been able to talk other creditors we have into agreeing to that, and would appreciate it if they would consider it. He repsonded by saying that he would make Cap 1 aware of my request. (prob. his way of saying yadada, yadada...) Anyway, is there any legal way that I can include with my last payment a letter stating that if they depsit the cashiers check, then they are agreeing to delete the derogs off his report?? OR -- do you have any other suggetions? (besides disputing, which we are doing). Also, is it possible for the company to remove judgements, if they want to...or should I just hope that one of our disputes works?? THANKS!!
Restrictive endorsments really don't work, you already made the payment plan prior to them agreeing to delete it ( which many do before they learn that this "sometimes" works) But I doubt they will remove the entry, they will just mark it paid. You could and can wait a few months and start disputing and maybe one of those times they won't verify. But writing that on your final payment won't make them obligated to delete it.
