We need to quit replying at the same time. Did you get proper service? If not, you may want to attack the judgement on those gounds. But, even then, you are not sure if you did sign a personal guarantee. They could just go through the suit again and get another judgement. Settlement is an option, but only with an agreement that they will delete.
SO, THOMAS, DO I TRY TO START SETTLEMENT WITH THEM, SURE WISH I HAD KNOW ABOUT THE JUDGEMENT BEFORE HAND, NOW THE ACCURED INTREST IS AS MUCH AS THE ORG. BALANCE.
I think you need to settle. Since it is now a judgement, they can sure try and collect the entire amount from you. The only way to vacate a judgement is to return to the court that issued the judgement with some reason they should vacate. i.e. improper service, etc. with no guarantee that it'll succeed.
You never really answered my question on whether or not you got served on the lawsuit. i ASSUME YOU DID NOT. hERE'S AN IDEA. gO TO THE COURTHOUSE AND FIND OUT HOW THEY SERVED YOU AND DETERMINE WHETHER OR NOT IT WAS PROPER SERVICE. sOME PLACES ALLOW SERVICE BY PUBLICATION, SERVICE AT LAST KNOWN ADDRESS, ETC., SO THEY MAY HAVE MADE PROPER SERVICE. bUT, ASSUME THEY DID NOT. tHEN OFFER THEM SETTLEMENT FOR THE ORIGINAL AMOUNT (NO INTEREST), AND ARGUE that your other alternative is to go to court, have it vacated because of improper service, and let them start the process over. Also, make them agree to delete all negatives form your credit report. Get it in writing. If it isn't in writing, they will deny ever saying it. Sorry about the caps. I hit the caps key. I'm not shouting.
One other point. Because it is the collection agency reporting this, I'm not sure that going back to court to have the judgement vacated will do you any good, especially if they are reporting it as a bad debt rather than a judgement.
I said nothing offensive in the post and did not personally attack you. You had no reason to be annoyed. I will say what I wish to say. When folks read things into it that aren't there then it's their problem not mine:
How is the judgement collectable at all if it was discharged in BK? I understood discharged debts to be non-existant unless they were granted an exception by the court itself. Sassy
