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Negotiating with judgement credit to move to dismiss/vacate

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Aaron

Aaron

Joined: 08 Feb 2010
Aaron's page
Posts: 2632



48565 Magic Points

 
Posted on Wed Feb 02, 2011 6:31 am  

Please check out the following url:
http://www.creditmagic.org/repair/pay-for-delete.html

It has some relevant information. It might just be of some good to you.
Jennifer
Guest






Subject: Negotiating with judgement credit to move to dismiss/vacate
 
Posted on Thu Feb 03, 2011 4:43 pm  

I ended up putting the letter together on my own. I thought I would share my letter with ya'll, so that if someone else is in this situation and needs a letter, you have a base to start at. You'll notice I use the name of the company excessively, rather than simply saying "your company". I did this intentionally, so that should this matter end up back in court, there is no question about who I am referring to.

Many ignorant people have advised me that having a judgement taken off your report isn't possible, however I have conferred with 2 seperate attorneys who have confirmed that the judgement creditor does in fact have the legal authority to petition the court to dismiss or vacate the judgement. Don't let anyone tell you otherwise, it's a blatent lie/lack of knowledge!

In my case, like I said, my husband is virtually judgement proof and the amount is small ($557) and we can afford to pay it in full, the default judgement was obtained illegally and the SOL is close to running out, not to mention we've moved out of state, so we're in a good spot to try to negotiate with the judgement creditor. Be careful, because if you owe a significant amount, you may be asking for trouble if you try this method.

John Q Debtor
PO Box 000
Anytown, US 12345

Sent U.S. Certified, Return Receipt Mail
New Century Financial Services
110 South Jefferson Road, Suite 104
Whippany, NJ 07981

January 31, 2011

Dear Sir or Madam,

Re: Acct # or Court name and docket #

This letter is in response to a judgement placed on my credit report dated 12/10/2008, for the docket number referenced above. I would like to save both of our time and efforts and pay this debt IN FULL.

It is my understanding that this judgement was illegally obtained. I was not properly served, nor given the opportunity to defend myself in court. I have never received correspondence from New Century Financial Services for any debt, hence the reason I am unable to supply an account number to New Century Financial Services.

Apparently, New Century Financial Services claims to have served me at an address I hadn’t lived at in over 4 years, while my new address at the time was on file with all 3 credit bureaus as well as the USPS! Strangely, all of my other mail was forwarded to me at my new address, yet I received no correspondence whatsoever from New Century Financial Services. It is obvious to me that this was done intentionally on the part of New Century Financial Services, in order for New Century Financial Services to obtain a default judgement against me. I have researched this matter and have learned that this is not the first time New Century Financial Services has obtained a default judgement illegally.

I would like to simplify this situation for both myself as well as New Century Financial Services. I am willing to send New Century Financial Services the full amount of $557.00 via certified cashier’s check, in exchange for New Century Financial Services’ petitioning of the court for a full DISMISSAL WITH PREJUDICE of the judgement. I do not want this judgement listed as Paid/Satisfied, I am requesting that it be DISMISSED WITH PREJUDICE in exchange for the FULL amount owed. Please do not respond stating that this is not legal. I have conferred with an attorney regarding this matter, and I am fully aware that New Century Financial Services has the legal authority to petition the court to DISMISS and/or VACATE this judgement.

Should New Century Financial Services choose not to accept my offer, I will return to New Jersey to file a “Motion to Vacate” this judgement, on the grounds that New Century Financial Services intentionally improperly served me in order to illegally obtain a default judgement. I will also file a complaint with the FTC to report New Century Financial Services’ illegal debt collection practices. In my opinion, that hassle would not be worth the time and effort on New Century Financial Services’ part, to collect a mere $557.00, which I am willing to forward to New Century Financial Services voluntarily, should New Century Financial Services be willing to petition the court to DISMISS this judgement WITH PREJUDICE.

If New Century Financial Services finds my offer acceptable, please send me a letter agreeing to these terms, signed by New Century Financial Services’ authorized representative, and subject to the laws of my state.

If I do not receive New Century Financial Services’ postmarked response within the next 15 business days, I shall withdraw my offer and return to New Jersey to file a “Motion to Vacate.”

Please forward your agreement to my address listed above.

Sincerely,

John Q. Debtor

FYI - Do NOT sign the letter, they have no need for your signature at this point and these bottom feeders are capable of Lord knows what! Be sure to send the letter Certified, return receipt so you can prove that you sent the letter and made an effort to pay them voluntarily.

Dismiss WITH Prejudice means that a year from now, if they change their mind, they CANNOT come back and sue you again!

Dismiss WITHOUT Prejudice means that a year from now, if they change their mind, they CAN come back and sue you again if the SOL has not run out.

Be careful with your words, and good luck to you all!

When I hear back from them, I will let ya'll know of the outcome. Hopefully this will work for us!
mtze



Joined: 08 May 2011
mtze's page
Posts: 1



5 Magic Points

Subject: Were you able to delete the Judgement?
 
Posted on Sun May 08, 2011 1:48 pm  

I have the same situation as your husband I know it has been a while but I have the same problem and wanted to know if you had success
Jennifer
Guest






Subject: delete judgement
 
Posted on Tue May 10, 2011 11:17 pm  

MTZE, yes we did! About 5 days after mailing the letter, I received a response from Pressler & Pressler (scum of the earth lawyers who represent these bottom feeding collection agencies) advising me that any future contact should be made through them. They accepted our offer to pay in full and had the paperwork to file with the court already filled out and a copy was attached to the first response they sent me. I was quite surprised. I went to the bank, got a cashier's check for the full amount, put it in the envelope and sent it back and not a week later I received paperwork from them, signed by the judge that the judgement had been vacated. Of course, I had to send that paperwork to the CRAs, Experian and TransUnion took it off quickly, Equifax took the FULL 30 days to remove it, which is pure bs, but whatever, it's gone! Sadly, his score hasn't gone up at all though, ugh! I wish you the best of luck!

Jenn

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