Help..What do I do now?

Send them another letter (or I would fax it) and include copies of the paperwork. Give them a week and then call for a status check. In addition to the court records, you may want to have the creditor send you a letter as additional evidence. They should delete it then....

 

I would call and ask how they verified this information. Clearly they did not do so. Get it in writing, then call and speak with someone about it. Good luck.

 

So you went to the courthouse and checked on the judgement to see if it was paid or not.
Ok. But did you check to see if you were ever sued in the first place or not?
Good chance that you were never sued in the first place.
Maybe they got the judgement, but that still does not mean that you were ever sued in the first place.

 

Bkev has the right idea. Get a copy of the judgement showing paid and then send it to the CRA. You can usually get a certified copy for a few bucks. That is a certification by the clerk that it is paid (similar to a notary stamp) - it gives it a little credibility. The CRA is more likely to accept a certified copy from you without checking further (it is quicker for you). If you just send them a copy without certification, they will probably check with the courthouse themselves, which takes more time.

That being said, let me comment on the other post. There is an argument to be made that the judgement is not valid if there was not proper service. Assuming you just want to get the correct info on your credit report, this issue is not relevant. If you want to attack the judgement based on improper service, let us know and maybe we can help.

My answer is predicated on the assumption that you are only looking to correct incorrect info on your credit report.

 

Send a letter requesting that they provide information describing the process they used to verify this. Obviously, they did not verify anything, and you have them dead to rights. Get all your ducks in a row and go for it!!

Do not send them your letters and proof that the judgment is paid, if you want to take them to court.

If you want to ignore the fact that they are lying through their teeth, and have that judgment stay on there the full time, then go ahead and send them a copy, LOL. I sure wouldn't.

Personally, I think they should be held to the standard. If they will not correct incorrect information, they lose every time. It's the only way to change things. United we stand, LOL.

 

I agree w/ Breeze......

DO NOT send them any copies..... THAT IS THE CRA'S JOB...!!! And they aren't doing their job..!!

If you send them copies you will HANG YOURSELF!!! The CRA's will only show the tradeline as a Paid Judgment.... What good is that...????? That worse than a paid collection....!!!!

I would first call them and find out how they verified it. AND.. Make sure you get it in writing...!!!

 

There are several things that you might want to look at besides service of summons.

One thing is to look in the court records to see if there are any affidavits filed in the case.
It would be almost certain that you would find an affidavit of service for the summons no matter how it was supposedly served.

But do you find any certified copy of the original contract that you signed.
Do you find any affidavits that are from some injured party (not the attorney for the plaintiff) swearing that the debt exists, why it is owed and for how much?

Did they charge you attorney fees on top of the judgement? If so, that is grounds for overturning the motion. The cannot charge attorney fees in addition to the amount originally owed. If the attorney wants money for his services, his contract is with the creditor, not the debtor and he must collect his fees from the person who contracted for his services, you did not.

How much interest is charged on the judgement? Each state has a set amount of interest that may be charged for judgement situations, and any amounts over that are cause for reversal of judgement.

Those are just a few of the reasons that you may never have been sued in the first place or may be able to use for grounds to overturn the judgement, in which case they owe you the money bac k plus damages, attorney fees and interest.

Sound interesting?
Maybe you were never sued in the first place even though you thought you were, the paper said you were, the judge and the attorney both thought you were sued, but maybe you really were not ever sued.

Happens all the time

 

And anyway, it's not even necessary to go to the courthouse to find out.

I can pull almost any case from almost any courthouse and on almost any person in the entire U.S.

So can anybody else.

 

Hurricane5: I sent you an email concerning this. If you don't get it, let me know.

 

hurricane5: Check your email. It should be there now.

Martysgirl and breeze: Don't get paranoid. I am not talking about you. Just wanted to avoid a flame war here with someone I do disagree with.

 

Huricane:

If you would like to see what a bad judgement looks like, a case in which the person sued actually thought that they had been sued when in fact they had not even though they had a judgement placed against them, then click on the link below. This will give you an idea of what to look for and if your judgement looks anything like this one, in otherwords has no affidavits, then you have never been sued.

CLICK HERE FOR EXAMPLE OF BAD JUDGEMENT

You will have to click on each page when finished studying it to move on to the next page.

Then you might want to see how to answer a summons. This probably would not be of real help to you since it is so long past the time when you should have replied, and for that reason you would most likely have to simply file a motion for summary judgement in order to reverse the judgement in the event you found reason to do so. All the forms and instructions are present and all the parts of a judgement and the reasons for their existance in the documents is throughly explained. Or at least I hope that I have covered all the bases. What I have presented may or may not cover your specific situation. You would need advice of competent counsel to determine that, but at least what I have presented should be sufficient for you to decide if you have a crying chance or not and to be able to speak "intelligently" with an attorney and give him reason to believe that you know what you are talking about.

I will be making a lot more such material available to the folks on this forum in the near future in order to help them with their problems and to understand that just because they have been served with papers don't always mean that they have been sued or have anything to fear.

I do hope that my work might prove helpful to you or to someone.

CLICK HERE FOR SMALL CLAIMS COURT FORMS

All of the forms and instructions are printable or downloadable, but since some folks here are absolutely certain that I am only here to sell my stuff and not to help anybody, there will be a slight charge for accessing the pages.

Please remit 1 Scooby Doo treat for services rendered.
(LOL)