I have two judgments against me from a CA representing Citibank. The larger item have not been on my credit report in almost 3 years but the SOL wasn't up until 2/2003. I don't remember having the smaller item. The judgments were obtained in 11/2002 and 12/2002. The first judgment for approximately $4000, I sent a validation letter in mid-July 2002 return receipt. It was signed for three days after I sent it. The attorneys for the CA never responded, even though they were the ones who told me to send the letter to them. According to the NYS Attorney General's website, the CA was not to take any action until they responded to my letter. The second judgment for approximately $6000, I was already in payment status with them and I became unemployed in July 2002. I informed them of that fact in September 2002 (return receipt) and that I would resume payments when I secured employment again. I never received anything from them regarding the judgment against me. My bank informed me. Can I do anything to have the judgment vacated? How long do I have? I read that I can have up to a year in some states to fight a judgment. Does that apply in NYS? Can I sue the CA in small claims or civil court for violating the FDCPA Section 809(b)? The CA is based in TX but their attorneys are here in NYS. Would that make a difference regarding a law suit? Also the CA only listed the judgments on 2 of the 3 CRA reports (Experian and TU; not Equifax). Why did they only report it on two?
1*The larger item SOL was up on 2/2003. 2*The second judgment for approximately $6000, I was already in payment status with them and I became unemployed in July 2002. I informed them of that fact in September 2002 (return receipt) and that I would resume payments when I secured employment again 3*Why did they only report it on two? Trilivonel ================== 1*Why did you let them get a judgment on you when the debt was way past S O L ??? 2*They don't care about this they want their money. 3*They didn't pay the 3Rd.one to report it.
On the larger debt, I started payments before the SOL expired. But I can only go by memory because like I stated before the Citibank account has not been listed since 12/2000. I agreed to the amount stated by the CA's attorneys because I couldn't verify the amount on my credit report. As for the smaller debt, I'm not sure it is mine; that is why I asked for validation. Since they only responded by getting a default judgment, can't I sue? Also is the SOL on vacating a judgment in NYS one year or is it less?
