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How do I find ou if I have an actual judgment against me in

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Lola



Joined: 19 Dec 2008
Lola's page
Posts: 7



280 Magic Points

Subject: How do I find ou if I have an actual judgment against me in
 
Posted on Fri Dec 19, 2008 10:19 pm  

I had my credit pulled and to my surprise I have a judgment against me. I was never served with a summons to appear. How do I find out if there is a judgment against me?
carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30036 Magic Points

 
Posted on Sat Dec 20, 2008 3:46 am  

Hi Lola
First of all how did you realize that there has been a judgment against you. Have you received any letter from the court or did the creditor called you up and told you that he has brought judgment against you.
Secondly if creditors pull out your credit report, there is a hard inquiry in your report which may lower your credit score. Now since you have not applied for a new line of credit, it means that you have not authorized them to pull out your credit report and the Fair Credit Reporting Act requires that no unauthorized hard inquiries should stay in your report. So you can easily get the hard inquiry out of your report.
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Lola



Joined: 19 Dec 2008
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280 Magic Points

Subject: Judgment advice
 
Posted on Sat Dec 20, 2008 4:00 am  

I found out about the judgment through a mortgage company, I'm trying to purchase a house. I feel defeated right now and maybe I should make payment arrangements hopefully everything will turn out ok. What is a hard inquiry?
Lola



Joined: 19 Dec 2008
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Posts: 7



280 Magic Points

Subject: Judgment advice
 
Posted on Sat Dec 20, 2008 4:03 am  

I didn't know was possible for one collection agency to buy an old debt from another agency.
Justin

Justin

Joined: 17 Jul 2006
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28944 Magic Points

 
Posted on Sat Dec 20, 2008 5:05 am  

Normally when you do not repay a debt to the original creditor for a continuous period of six months, they sell it off to a collection agency generally at 50% of the outstanding debt value. These CAs sometime buy these debt in bulk and so they do not pay attention to collect the original documents from the actual creditor. Now when the CA asks the debtor to repay back the debt and the debtor asks for debt validation they cannot validate the debt within 30 days from the date of receipt of the letter. As per the fair debt collection practices Act, if the creditor or the CA cannot validate the debt within 30 days they lose their right to collect the debt and so they sell off the debt to another CA at about 30% of the outstanding debt amount or even less and this process continues.
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carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30036 Magic Points

 
Posted on Sat Dec 20, 2008 6:03 am  

Whenever you apply for a new line of credit such as a housing loan, or a credit card, the creditor pulls out your credit report to check your credit history. This is known as hard inquiry and it lowers your credit score by as much as 5 to 10 points. Fair credit reporting act only allows authorized hard inquiry to to listed in the credit report and that too for 2 years. If you find any hard inquiry in your report, you can ask the enquirer to get it removed from your credit report. You can find sample letters in this forum itself if you visit the link letters of credit
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fireyone



Joined: 26 Feb 2008
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Posts: 4246



94 Magic Points

 
Posted on Sat Dec 20, 2008 2:36 pm  

Good Morning Lola,
If you want to find out more about the judgement that was issued against you then I would advise going down to your local courthouse and inquiring about it. You may also call down but going in person would really be a much better idea. They should be able to give you more information on the judgement and what your options are at this point.
Lola



Joined: 19 Dec 2008
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Posts: 7



280 Magic Points

Subject: Judgment nightmare
 
Posted on Sat Dec 20, 2008 3:02 pm  

I got a letter in the mail saying I should pay $100 a month until the account is paid off. Is there any way to go to court to have the judgment set aside to have them write out the payment terms in a better way? Meaning the payment due date , the amount and so on.
fireyone



Joined: 26 Feb 2008
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Posts: 4246



94 Magic Points

 
Posted on Sat Dec 20, 2008 3:15 pm  

I am not real sure on this one but I believe that the debt must be repaid in full before the judgement can be removed. You can call the couthouse and ask or wait here and someone else may know. Have you tried calling the company that brought this judgement against you and set up repayment terms. This way you can discuss payment datesa and the such. Do you know how old this judgement is?
Lola



Joined: 19 Dec 2008
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Posts: 7



280 Magic Points

Subject: Judgment nightmare
 
Posted on Sat Dec 20, 2008 3:23 pm  

This judgment is 1 year old and I called to discuss it and make payment arrangements. A few days after that I got the letter in the mail but I think it should have been more detailed. Can this judgment be set aside until they mail me a more detailed agreement?
Lola



Joined: 19 Dec 2008
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Posts: 7



280 Magic Points

Subject: Judgment nightmare
 
Posted on Sat Dec 20, 2008 4:30 pm  

I also failed to mention they sent me a financial discloser form to fill out. Do I have to fill this out and send it eventhough I didn't get a detailed payment agreement?
Lola



Joined: 19 Dec 2008
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Posts: 7



280 Magic Points

Subject: Judgment nightmare
 
Posted on Sat Dec 20, 2008 5:56 pm  

How do I get proof of the actual contract I made with the credit card company when the debt is old?
Justin

Justin

Joined: 17 Jul 2006
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Posts: 1238



28944 Magic Points

 
Posted on Mon Dec 22, 2008 10:48 am  

Hi Lola
You must have received a copy of the contract when you have signed the agreement. Now, when you ask for debt validation from your creditor or the collection agency who has purchased the debt from your creditor, the creditor or the CA must provide you with a copy of the original signed credit card contract to validate the debt. If they cannot provide you with the copy of the original contract within 30 days from the date of receipt of the debt validation letter, then you are no longer liable to pay back the debt as per the fair debt collection practices act.
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Mary

Mary

Joined: 06 Jul 2006
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17420 Magic Points

 
Posted on Mon Dec 22, 2008 10:56 am  

Hi Lola
If you think that you do not owe the debt and you are not willing to pay $100 each year, you can file a motion to vacate the judgment. If your request is accepted by the court, you will receive a court date and the creditor will receive a letter from the court regarding the motion. In such cases, the creditor may also contact you and agree to a repayment plan for repayment of the debt.
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fireyone



Joined: 26 Feb 2008
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94 Magic Points

 
Posted on Mon Dec 22, 2008 1:04 pm  

If someone finds out that they have a judgement against them can they file this motion to vacate the judgement at anytime or is there a time limit? I thought maybe they would have some kind of time limit of like 30 days from the time the judgement is issued. What does a person do if they do not find out about a judgement untl a couple years after it was issued? Do they have an opportunity like this also?

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