Hello Everyone, I had a Judgement from a major car company entered agaist me a few years back, I was never served , they never came to my house to attempt contact, (I am home everyday). They lied to the court and said I was served. I got a copy from the courthouse in another county (where I bought the car). Then I filed with the CRA's and it was removed from my CR's The CA is a law firm, and sends a offer to settle every 6 months, they think the Judgement is still in effect. The CRA's contacted the courthouse, and the OC never replied. The OC reports , the CA doesnt. 1)Can this be re-instated on my CR's? Do I need to take any further action? By in effect, I ment they still think it is reported to CRA's. EDIT: I edited this to simplify my question. And hopefully get a few more responses. Thanks.
Just because the judgment is not on your CR's does not mean it is not a valid judgment. Only thru a court proceeding can you get a judgment vacated, and that would depend on your state's laws.
Yes, Thanks for the reply. I realize there is still a Judgement with my name on it. However I was never served and they say I was, given the oppurtunity and know how, I feel it could have it vacated. They think it is still on my report. 1) Can it be re-instated on my reports?
If it was removed from your reports via a dispute, and it is later reinserted, the CRAs have 5 business days to notify you of the reinsertion, or you could have a cause of action against them. FYI - it is not the judgment holder reporting the judgment. Its a public record.
Thanks..I thought they reported it. That makes obvious sense. The CA's letters state "Settle with us and we will remove the Judgement from your record" They also say it is their Judgement against me, but it was actually awarded to the auto dealer. How can they reinstate it legally? Can I prevent this without going to Court.?
1) Yes, until the court vacates it. You may "feel" that this could be vacated, but many courts have a "diligence" requirement to vacate. In other words, you need to act promptly to vacate as soon as you learn about the judgment. Also, if the debt underlying the judgment is valid, and you're still within SOL, they can always just re-file the lawsuit. Settlement for vacation of the judgment may be a good deal. On the other hand, attempting to enforce an invalid judgment may be an FDCPA violation. Negotioate for a complete general release.
The judgement is 2 years old, it has been off my credit report for 1 year. I found out about it from the CRA file. I just got a letter from the CA lawyer informing they had a judgement, ( although the OC is listed on it as the party suing me), the CA is saying it is his judgement. I dont have the money to settle anyway. I just want to get it cleared up.
"If I settle I would get a 1099, if I file taxes I lose half my disability income." The exact details may matter. If I remember right, "income" from forgiveness of a debt that exceeds your net worth may not even be taxable. You may want to run this by an enrolled agent, or an attorney dealing with disability benefits law.
Thanks, good advice. I sent a Validation request to the OC today, by registered return reciept mail. I seriously doubt they can justify $5000 in fees for a $4000 debt. I would not have had the courage to mail it with out you guys. Thanks
Were you being contacted by the OC, or by the CA? If the CA is trying to collect on the judgement, then they are a debt collector, and are required under FDCPA to send a copy of the judgement if you request validation from them timely. If they got a judgement for $4000 +$5000 fees, and the judgement stands, then they don't have to justify $5000 fees, $9000 is your debt based on the judgement. If you can get the judgement vacated, they might still go to court, but it would be a new game, and a new decision on what fees were allowed if you lost.
Originally OC had contact. They wrote debt off as bad debt. Only time OC or CA has mentioned Judgement was letter dated last month.
If they didn't serve you, it may be worth getting the judgement vacated due to lack of service, presumably nullifying the $2000 statutory interest that raised the judgement amount to $9000, even if they then win. If they improperly served you, but it is now past SOL, does that affect their ability to re-file? Have you seen an attorney? For $9000, it would appear to be worth it.
You can still talk to an attorney who for a free consult is willing to at least look at where you might stand due to the failure to serve you with the summons, and whether there might be FDCPA counterclaims. It doesn't hurt to ask.
I'll look into this week. Its sound advice. Thanks edit: I thought about it after posting this...I mailed DV to the OC , I may wait the 30 days and see if they respond. I included the disclosure about fees and contracts, and tax deductions, etc...I think having the response to take to an attorney would be good.
Form letters with questions about tax deductions are irrelevant. OC does not have to respond to DV. If they now have a judgement, from their perspective, that is now the debt they have the right to collect, regardless of what it started as, and since it is a judgement, they can enforce it, other than that you might have no attachable assets or income. If you were not served, and that is the basis for vacating the judgement, you need an attorney. Letters and phone calls will not accomplish anything. Is there any form of legal aid, perhaps associated with a law school, available in your area?
Not sure, I will call around and to the university to see if a program exist. Can I represent myself? At the courthouse they said I cant go before a Judge without a attorney. (the clerk wanted to call the car dealer to let them know I was there) The description of person served was totally wrong. I am still going to call an attorney if the OC doesnt respond, who knows I might get lucky? They know my situation, I have never tried to hide from this debt.
You may not have tried to hide from the debt, but they got a judgement by shortcutting the system. If you had been served, and obtained representation, you might have negotiated a smaller settlement. The OC has no obligation to respond. The CA may or may not respond. They both might respond by grabbing your bank account, even if it contains only exempt benefit payments. Luck is not a plan. Does the VA have any legal aid office? Surely there are veterans with both medical and the resulting financial problems?
I know you cant get any goverment assistance from another source, unless you reliquish your right to compensation.( such as public aid)
