Hello all! I am a reformed lurker as of 5 minutes ago when I pulled my CR from Equifax. Can I just scream WTF!!! at the top of my lungs?? I am so furious right now, that all that is left for me to do is grouse, laugh and start plotting since I'm mostly a lover and not a fighter...and well, wringing necks is not possible via computer I have been skulking around the site for a few months learning and enjoying all that I read...taking my time....maybe it's dragging my feet rather. As far as I knew, my 7 year sentence was almost up. Silly silly me....lol! I started my credit off right in the early 90's then fell into the CC trap as I could not resist the siren song of more cards with high limits. I hung on for dear life for a couple of years then later drowned in debt and killed my credit. Living my 20's with bad credit was not fun and I learned from my mistakes and have been careful since rebuilding my credit bit by bit. I found this site in January after seeing my CR late last year and wondering about some accounts that were mine but had new dates on them (re-aged of course). So, after much wishy washy behavior on my end about when to start my repair, I bit the bullet and ordered my first of 3 reports just now. I have one account that is not mine, a judgement that is not a judgement due to a mistake on their end that THANK GOODNESS I have documented and of course my re-aged item with two more of those added for good measure. My FICO....was 650 last time I looked it is now 562. I have to wash down my bile for a minute, please excuse me.......... So this post is for all of you out there who are where I was about an hour ago. Knowing is better than not knowing and there is no time like the present to find out and get started! Now I must go look under the other two rocks and see what critters are lying in wait...... AND BTW, THANKS TO ALL OF YOU REGULARS THAT HELP ALL OF US NEWBIES OUT, THERE ARE ABOUT 10 OF YOU THAT I ADORE FOR YOUR HELPFUL NATURE YOU HAVE DISPLAYED ON HERE FOR PEOPLE! ==========================
I have one account that is not mine, a judgement that is not a judgement Ice_Siren ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <> What is a judgment that's not a judgment? Never read the fine print. There ain't no way you're going to like it.
I have been paying on this account since early 02, it has never hit my credit report and I have always paid on time. I have the stipulation of payment from the attorney it says that: "If any installment is not received timely, Plantiff shall send written notice of such default to the Defendant at the address above and five (5) days thereafter if the default is not cured, seek the entry of a money judgement for the amount of **** plus its court costs and continuing interest less any amounts received against the defendant" Things were fine until last year in July when I sent the payment in and for some unknown reason it took a month to clear according to my banks records. Oblivious to this, I sent in the payments after that and then on 10-02 I get a letter postmarked 10-01 and dated 9-26 that they had entered a judgement against me on 9-22. I called the legal assistant and flipped on him and he said I had been late in July for my payment. I looked back through my checkbook carbons found my check dated for a few days before the due date. Then I looked at past check clearings from them and most took one week to post to my account not a month. I called him back on this and we discussed it and he said that the girls get overzealous sometimes and that he would handle it and that it would not be entered as a judgement and it would not hit my credit. My sinking feeling as I am typing this though, from everything I have learned on here, is that I did not get this confirmation in writing and I might have made a huge error. The other odd thing about this too, is that the letter they sent saying the judgement was entered said the amount was for a little over a thousand bucks plus interest and court costs. On Experian and Equifax there is no amount listed but then on TU is says $432. I don't understand where this number came from? So.... I guess my judgement is a judgement since I have nothing written from them stating otherwise. Is there anything I can do to get them to remove it? Bleh. I need a hanky. ===============
Was the judgment entered in court? Did they actually sue you? I would think you could go through the courts and ask for the judgment to be vacated because you can prove you paid it. You should have or be able to get the canceled check with the date paid on it. If they didn't post it in their records, that's their error.
You know, I am not sure. The paperwork said the judgement was entered, but here let me give this thing a new twist....... I called the attorneys office and talked to the same fellow I talked to before who said he would take care of it. He was just as confused as I was, he said that they never filed it and that they never reported it to the CRA's. I think I read on here somewhere that the CRA's go looking for this type information in public records? I have massive brain damage from last night and this morning so maybe I am making that up.....lol. Anyhow he said there would have been no reason for the judgement since I had been on time with all my payments. My question now I guess is where to go from here? He said they would write a letter stating that there has been no judgement entered...but who is on crack here? I feel like it might be me....but I do not know whether to go after the attorney, the courts or the CRA's? I just moved to Texas from Colorado too so I am not sure how I would get the vacating done if I had to approach the courts from here?
First, dispute it with the CRA (make sure it's Certified, Return Receipt Requested). If the creditor doesn't verify it, they'll have to remove it. And if the creditor can't find it, they can't verify. If they do "verify," post back and we'll take it from there. In fact, post your results either way. They have 30 days from the date they receive your dispute to verify or remove.
I don't think they actually had to sue her in this case. The original poster stated that she signed a stipulation. In that situation, if the stipulation is breached, they can enter judgment without a suit, serving her or anything else you'd normally expect. It would be like a consent judgment.
I would agree with what you are saying under different circumstances. But I think the problem lies in the fact that I did not breach any of the stipulations and that would make the judgement not valid one would assume. I save EVERYTHING document wise and the papertrail seems to show (and he agreed with me) that they had a paralegal who did not have a clue get a little waaaaay overzealous.
