Help with a Judgement

[JessJDK]

I have a couple of questions about a judgement. I am asking this question on behalf of my boyfriend. We are trying desparately to do whatever we can to bring up his credit score before attempting to buy a house. I apologize for the long post but I wanted to fully explain the situation so everyone would understand and be able to help with their opinions.

About 2 months ago he received a letter informing him that he was being sued for an old phone bill. We accidently forgot about the letter. (And I'm very upset about this knowing we could have possibly avoided a judgement.) So, another letter came last week from the lawyer's office informing him that a judgement has been entered against him. The letter says he can voluntarily advise them of his intentions by calling or returning the letter by Monday, 5/5 and they give four options (see below).

I'm afraid if he doesn't respond they may try to garnish his wages. We don't have a problem paying this judgement (and would have done so if we didn't forget about the first letter) but I want to do my best to somehow get the judgement removed from his credit report after it is paid. I have read a few posts on this site where people have had a motion to vacate the paid judgement and successfully had it removed. I know it's asking a lot but the judgement was just put on his report last month and will really hurt his score for the next 7 years (and the stupid phone bill is from 9/02!)

This date is tomorrow so it is now too late to mail back the letter in time so I was wondering what anyone's opinion would be on faxing something to them since I don't want to call and have no record. The four options the letter states are:
a) Enclosed is the payment in full.
b) I would like to pay the judgement voluntarily at the rate of $____ per month and a check is enclosed. I will be calling the lawyer this week to confirm arrangment and discuss possible discount on my balance or interest free payment option.
c) I can not pay at this time, but I would like to discuss my options. Please contact me at the number below or write me at the address lsisted below.
d) I am not willing to pay this judgement voluntarily because: ________.

So, my questions to everyone are:
1) Is there any harm in responding to this letter in a fax as opposed to mail or a phone call (so the response gets there on time and there is a record)?
2) I obviously can't fax a check so I guess he would have to choose option b) or c)?
3) What would the best reponse to this letter be to later help in getting the judgement removed from his report? On that same topic - Is there any way to bargain with the lawyer to pay the judement and later have it removed?
4) Do you think they can start garnishing wages if he doesn't repond by 5/5?

From what I've read - it's not the lawyer putting the judgement on his credit report since it's public record, but they would have to sign the Motion to Vacate - leading to my fifth question.
5) What goes into submitting a Motion to Vacate? Simply going to the courthouse and sending it to the lawyer?

I appreciate anyone's response to this matter. I am just starting the repair process on my bf's credit and have been reading A LOT on this site and it has definitely answered some questions but this judgment is a whole new can of worms and would definitely love to hear anyone's opinion on the matter.
THANKS AGAIN!!!

P.S. We're in NJ and I believe the SOL is 6 years so they JUST made it by a few months (uughhh). And we know the debt is actually his. The first letter informing him that he was being sued included copies of the phone bills. (He moved and never paid the last two bills or something like that).

[AISLE4]

Was he served? You mention a letter about the lawsuit (from whom?) but nothing about a summons. If it's improper service you can attack it from that angle and get the judgement vacated.


Why you are interested in buying a house right now is an entirely different issue, so I'll reluctantly hold my tongue about that.

[JessJDK]

Originally Posted by AISLE4

Was he served? You mention a letter about the lawsuit (from whom?) but nothing about a summons. If it's improper service you can attack it from that angle and get the judgement vacated.


Why you are interested in buying a house right now is an entirely different issue, so I'll reluctantly hold my tongue about that.

Sorry about that - I didn't realize to call it a summons since we had never recieved one before. The letter he received was a summons from the county court BUT it came regular mail and we never signed for anything. I think he was receiving those orange cards that we had a piece of certified mail coming to the house but we were never home when the postman came and we never went to the post office to pick up the mail. So when he receievd the actual summons it simply came regular mail and we never signed for anything. This leads to another question I had: Is there any way he can say he never received the letter since they don't have proof that we actually received it? Also, on the front page of the summons it says:

RETURN OF SERVICE IF SERVED BY MAIL )For Court Use Only)
I, Pat Wolfinger (don't know who that is- I guess someone from the court), hereby certufy that on 2/22/2008, I mailed a copy of the within summons and complaint by regular and certified mail, return receipt requested.
(And then the employee signature line is signed by Pat Wolfinger.)

Does this help us in any way?

And we're not necessarily interested in buying a house right this second, but we currently rent and with the market the way it is we could probably find something with a mortgage in the same amount of our rent. It doesn't look like we're gonna be able to buy a house right now and our lease renews in July so we'll probably rent for another year then buy a house next July. That gives me a little over a year to improve our credit.

[JessJDK]

Ok, I don't know if this is the right thing to do or if it will work or not but my boyfriend is going to call the lawyer's office (since they wanted the response by today and it's too late to send mail). And then we'll follow up with a fax restating what was discussed during the phonecall. He is going to discuss payment options/paying in full and the filing of a motion to vacate after the payment is made. Whether the lawyer agrees or not is another story.

[swirlgirl]

You probably won't get your motion to vacate if you pay the judgment. You would need to defend your motion based on sound legal reasoning. What would be your defense?

Since you were served by mail in February, are you sure that your case has come before the court yet? 60 days is a quick turnaround in NJ.

Before you pay anything, contact the court to make sure that the judgment has been entered against you.

[AISLE4]

Just because someone sends a letter claiming to have a judgement and a deadline time to call doesn't mean you have to contact them. You don't ever have to talk to them or give them any info unless ordered by the court. In their dream scenario you call and make payment arrangements. That makes things very easy for them.

[JessJDK]

The judgment has been entered. We just ordered his three credit reports two nights ago and it was on there dated 4/15/08.
If the attorney agrees to sign a motion to vacate the judgment (in writing) before he gets the payment then maybe we'll have a chance.

[JessJDK]

Originally Posted by AISLE4

Just because someone sends a letter claiming to have a judgement and a deadline time to call doesn't mean you have to contact them. You don't ever have to talk to them or give them any info unless ordered by the court. In their dream scenario you call and make payment arrangements. That makes things very easy for them.

I know but isn't it possible for them to eventually garnish wages? I would rather pay it right away then have them do that.

[JessJDK]

Originally Posted by swirlgirl

You probably won't get your motion to vacate if you pay the judgment. You would need to defend your motion based on sound legal reasoning. What would be your defense?

Since you were served by mail in February, are you sure that your case has come before the court yet? 60 days is a quick turnaround in NJ.

Before you pay anything, contact the court to make sure that the judgment has been entered against you.

If the lawyer agreed to the vacate, would that be good enough or no?

[swirlgirl]

I know you want to pay this, but at least find out if you really have a judgment. Call the courthouse. A lawyer will tell you anything.

Also, you, the defendent, would file the motion to vacate as you would be telling the court that you believe the judgment is invalid. If you pay it, you are in effect saying that you agree with the debt and the judgment.

If you pay it, they will most likely mark your credit report with "Paid Judgment."