ok, this is making more sense now. Their atty realizes they reaged the account when they put it on your reports. that's a fair credit reporting act violation. even without actual damages, it's worth 1k in statutory damages. If you go to a local bank and get declined due to this entry, then you can ask for those actual damages, statutory damages, punitives, and costs and atty fees. So they have screwed up here. Plus, the judgment was reinserted without notice (did the credit bureau give you notice of reinsertion before putting it back there?) if not, then you may also be able to sue the bureau too... the reason the atty is "playing ball" is because they screwed up. if I remember correctly, your credit reports aren't perfect.. but still.. that judgment, which looks only 1 year old, will kill your scores and chances for credit. You could always fax him a letter that you now realize the fair credit reporting act violations due to the reinsertion and the reaging.. and how does he want to handle that? Up to you... I still think even if you're "right" I do agree it's always a gamble walking in front of a judge...they're odd birds and you never know how it will fly. However, you might fax or call the atty and talk with him about not only vacating the judgment but also a full removal from all credit bureaus in exchange for your release from suing them for fcra violations...
I don't think "validate" is the proper word here. I think (I'm not an atty remember) that once they got the judgment, regardless of the validity, that once they got that it set that you owe this and the amount and terms. I'd call an atty and ask how to proceed or if anything else would strengthen your case to vacate the judgment. Now... what I might do is talk with their atty and just let him know that you know there have been fcra violations... and how does he want to handle them... You could also write GE's legal dept and let them know that they also can be held for their violations of the fcra... might help him decide to drop this entirely. fcra violations are pretty straightforward...and clearly the judgment was obtained 5 years ago not 1 year ago so the proof is easy. but if you want to later go after fcra violations have actual damages (get denied right now with their judgment showing)... also, you will want to dispute the date on the judgment with the affected cras. up to you what to do. You could settle the debt for 300... get the judgment settled, then sue them for the fcra violations later and get 1k just a thought. were you able to find out if taking money from your business account was proper or not? One last thought: on the other thread you said something about the judgment showing previously but you were able to get them to back off ... do you have any of that documentation??? was the atty you spoke with interested in your case? with actual damages the atty fees could be recovered in a fcra lawsuit.
