Where do I start?

Discussion in 'Credit Talk' started by lisae1, Dec 1, 2003.

  1. lisae1

    lisae1 Well-Known Member

    I have a money judgment against me from 1998. It occured in southern california and I now live in northern California.

    I have no paperwork involving the lawsuit as I didn't show up in court. I intend on paying this off but am not sure what the proper procedures are---and I want to make sure I do it right.

    Any thoughts on whether I should contact the courts or the plaintiff? Also, what is the legal amount of fees and interest the plaintiff can tack on to the principal?

    thanks.
     
  2. AtlantaGA

    AtlantaGA Well-Known Member

    That's five years. Are you sure the judgment is still valid? The SOL could have expired and/or the debt could have been written off.
     
  3. lisae1

    lisae1 Well-Known Member

    Yes, it's valid for 7 years in California. I, of course, would prefer not to pay it, but do not want to take a chance that they will renew the judgment for ANOTHER 7 years.

    Any advice on how to proceed?

    thanks.
     
  4. AtlantaGA

    AtlantaGA Well-Known Member

    That's a tough one. Does it show as a charge-off on your CR? People get judgments deleted here all the time.
     
  5. lisae1

    lisae1 Well-Known Member

    In my Experian and Equifax reports, this is listed in the public records part with a Judgment. In my TransUnion report, it is not listed on the public records part, but there is a tradeline dated 1998 by the property management company representing the property owner who sued me.
     
  6. AtlantaGA

    AtlantaGA Well-Known Member

    That's a tough one...my personal thought would be to dispute it as not mine and ignore it. I wouldn't throw good money after bad, unless you have some desperate need to get rid of it immediately.

    Most people don't even know when their 7-year old judgments expire, much less having the gumption to spend the money to get it renewed.

    It's a dice roll.
     
  7. lisae1

    lisae1 Well-Known Member

    Thanks, I'd rather not roll the dice when it comes to my credit, I have done that in the past and it hasn't paid off. It would be a shame to have a judgment on my record for 7 more years.

    So, I am back to my original question, where do I start with a judgment? The court? The plaintiff? Who do I contact and what do I do to follow the proper procedures to get this cleared up....thanks!
     
  8. aikidokap

    aikidokap Well-Known Member

    This is paid to the creditor. There is nothing at all you can do to have this removed from the court's standpoint.

    You could have avoided it by responding prior to the judgement. Now it is an official court proceeding.

    I personally have not heard of any sort of "renewing" of judgements.

    Keep in mind, if this is the case, it would depend a great deal on what the amount of the judgement is.

    For many agencies, they pay a lawyer to do their work like this in bulk. If it is for a relatively small amount (say, under $1000) it would be highly unlikely that they still have this on their books. Also, they would have to pay the lawyer to "renew" the judgement.

    I had a judgement here in So. Cal...for just over $500. Court costs didn't add tha tmuch to it...about $50 or so. It dropped off at the 7 year mark.

    Also...one thing I noticed when I cleaned up my credit (which I did by paying off everything I owed, even if it had been charged off). Many creditors would simply charge off your payments and you can then have them removed when you go one month past the 7 year mark. However, some that I attempted to contact renewed their efforts with credit recovery agencies, thereby making my credit worse.

    For accounts older than 3 years, particularly charge offs, I would seriously think about whether to pay them off. About the only thing I can think would cause a problem is if you were going to get a mortgage. In this case, they will want all unpaid charge offs to be paid off.

    aiki
     
  9. jenz

    jenz Well-Known Member

    perfect opportunity to negotiate a settlement on the judgment.

    it isn't worth them renewing under $1k unless they are a**es - but stranger things have happened.
     
  10. lisae1

    lisae1 Well-Known Member

    So in order to start the process of negotiating a settlement with the Plaintiff, I'd need to get the court docs first? I don't even know this woman or have any type of info on her other than her name which is of course listed with the judgment on my CR. She didn't manage her property, a management company did.

    This is the derog on my CR that I am most stressed about dealing with because it's a public record...wages could be garnished, etc.

    thanks.
     
  11. lbrown59

    lbrown59 Well-Known Member

    1*This is paid to the creditor. There is nothing at all you can do to have this removed from the court's standpoint.
    2*You could have avoided it by responding prior to the judgement. Now it is an official court proceeding.
    3*I personally have not heard of any sort of "renewing" of judgements.
    4*In this case, they will want all unpaid charge offs to be paid off.
    aikidokap
    --------------------------
    1*Except get it vacated perhaps.
    2*Unless it he couldn't have known about the suit.
    3*You haven't that's amazing as most that I've heard of are renewable.
    4*Even if its not yours or you don't owe it. The CA CRA rip off.



    """"""""""""""""""""""""""""""""""

    Obituary December 8, 2003

    (The Death of Common Sense)

    Today we mourn the passing of a beloved old friend by the name of Common Sense who has been with us for many years. No one knows for sure how old he was since his birth records were long ago lost in bureaucratic red tape.

    He will be remembered as having cultivated such valued lessons as knowing when to come in out of the rain, why the early bird gets the worm and that life isn't always fair.

    Common Sense lived by simple, sound financial policies (don't spend more than you earn) and reliable parenting strategies (adults, not kids, are in charge).

    His health began to rapidly deteriorate when well intentioned but overbearing regulations were set in place. Reports of a six-year-old boy charged with sexual harassment for kissing a classmate, teens suspended from school for using mouthwash after lunch, and a teacher fired for reprimanding an unruly student only worsened his condition. It declined even further when schools were required to get parental consent to administer aspirin to a student but could not inform the parents when a student became pregnant and wanted to have an abortion.

    Finally, Common sense lost the will to live as the Ten Commandments became contraband, churches became businesses and criminals received better treatment than their victims.

    Common Sense finally gave up the ghost after a woman failed to realize that a steaming cup of coffee was hot, spilled it in her lap, and was awarded a huge cash settlement.

    Common Sense was preceded in death by his parents, Truth and Trust, his wife, Discretion; his daughter, Responsibility; and his son, Reason. He is survived by two stepbrothers; My Rights and Ima Whiner.

    Not many attended his funeral because so few realized he was gone. If youstill know him pass this on, if not you can give him a second death.

    ~~~~~~~~~~~~~~~~~~~~
    xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
    DOCK ; The donkey had an IQ of 186. He had no friends at all though.
    Even in the animal kingdom, nobody likes a smart-ass.

    Government Waste is a Terrible Thing to Mind
    xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

    http://members.aol.com/victcrdrpt/Score.html
     

Share This Page