Unpaid Judgement

Discussion in 'Credit Talk' started by greenjade, May 12, 2003.

  1. greenjade

    greenjade Member

    I've got one unpaid judgement which I'm unsure how to handle as it's the ugliest beast of them all.

    I've read through some of the threads and most pertain to paid judgements. I'm not sure if I should contact the OC to settle, file a motion to vacate, or keep validating with the CRA to remove it from my CR.

    I'm aware that the judgement will renew if I do not satisfy it.

    Thanks so much guys!
     
  2. chrisb

    chrisb Well-Known Member

    If you don't pay it, or get it vacated, the owner of the judgement could start wage garnishment, or attach to personal properties you own and have them taken by the sheriff and sold to satisfy the judgement, dependant on the state and the amount it is for. Were you served? Did you show up for the judgement hearing or was it default? There are a good many ways that a judgement can be deemed invalid, but I'm no expert. If you were improperly served, then you may easily get the judgement vacated. If the judgement is vacated, then you can just contact the 3 CRA's that have it, dispute it and since they contact the courthouse to validate judgements, and the courthouse would have vacated that particular judgement, there would be nothing to validate, so it would vanish from your credit report.

    Just my thougts, I'm no expert.

    ChrisB
     
  3. greenjade

    greenjade Member

    The judgement was served to me in 1999 for $3000. It was a Bank of America /Nationsbank CC.

    I did not show up for the judgement. There have been no garnishments done to my paychecks. **knock on wood** Probably because, my employment history has not been update on my CR.

    I have been disputing it with Experian as it did not originally show up on TU or Equifax when I started fixing my credit.

    I was thinking of changing my address on my credit reports as I'm going to move in the next 2 months and then, disputing to the CRA that "it's not mine". Then, settling with the OC.

    Also, I have eough money now to satisfy it but, would like to settle for less is possible.
     
  4. bigmon

    bigmon Well-Known Member

    Normally, an address change and not mine will get it taken off they report. Sometimes it takes a few attempts so don't get discouraged if it doesn't come off the first time.

    Some state don't allow garnishments. Check you local law. I've been told that first they need to have an asset hearing with a judge. Don't hold me to it though.

    There are many people out there that state most judgements aren't 2 cents. There is plenty to search on the subject.

    A lot depends on your assets.
     
  5. QUEEN_BEE

    QUEEN_BEE Well-Known Member

  6. greenjade

    greenjade Member

    #1 question is is the judgment still within SOL?
    This was a past due credit card which I failed to pay for. The judgement is still within SOL because it was a written contract.

    When was it granted?
    It was granted in 10/1999.

    What state are you in?
    I'm in California.
     
  7. greenjade

    greenjade Member

    #1 question is is the judgment still within SOL?
    The judgement is still within SOL because it was a written contract.

    When was it granted?
    It was granted in 10/1999.

    What state are you in?
    I'm in California.
     
  8. bigmon

    bigmon Well-Known Member

    A judgement in CA is good for 10 years.
     
  9. tinaboo

    tinaboo Well-Known Member

    I disputed a judgment as "not mine" and it came back satisfied. I didn't pay that judgment. I was applying for a mortagage. so I had to decided whether to dispute to have it totally removed, or just leave it. I knew if i disputed it again I took the chance of it coming back verified.

    Long story short, I left it alone and I got my mortgage......

    So try to dispute it with the CB as "not mine"

    Just my 2 cents.......
     
  10. tinaboo

    tinaboo Well-Known Member

    I disputed a judgment as "not mine" and it came back satisfied. I didn't pay that judgment. I was applying for a mortagage. so I had to decided whether to dispute to have it totally removed, or just leave it. I knew if i disputed it again I took the chance of it coming back verified.

    Long story short, I left it alone and I got my mortgage......

    So try to dispute it with the CB as "not mine"

    Just my 2 cents.......
     

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