Judgment on Auto Repo, Ohio

[Anonymous]

Looking for help…

On June 9th, received a “Notice of Court Proceeding to collect Debt” from a lawyer. The letter states that I owe a little over $4000 (includes interest and court cost) for which a judgment was obtained against me or certified in court in October 1996. It also states I have 15 days to do one of the following, or my wages will be garnished..

1)[TAB]pay the amount due…

2)[TAB]complete enclosed form “Payment to Avoid Garnishment”…

3)[TAB]apply to local court for appointment of a trustee…

On my credit report (EQ) under public records it states it is a “satisfied judgment”. What does “satisfied judgment mean”? Are they still able to collect this debt? I believe the SOL in Ohio is 15 years, but I have already been to court (I think) for this once, can they take me to court for a second time?

I don’t recall how and if I was ever served, back in 1996. I don’t know if the vehicle was ever resold, regarding the amount due. I need to how to proceed from here. If they are still able to collect this debt I don’t want them to garnish my wages. Is it to late to attempt to settle (for a lesser amount)? Do I need to get a lawyer to handle this for me? If this is settled/paid how will it affect my credit report? Will how it is reported need to be included in the settlement terms if it comes to that.

Any feedback and advice will be greatly appreciated.

[LadynRed]

<blockquote>

On my credit report (EQ) under public records it states it is a “satisfied judgment”. What does “satisfied judgment mean”? Are they still able to collect this debt? I believe the SOL in Ohio is 15 years, but I have already been to court (I think) for this once, can they take me to court for a second time?

[Anonymous]

LadynRed...THANKS for the advice. Here is what I have found out so far.

It's wasn't a repo, car accident where I was NOT cited. The person totaled my car and did not have insurance therefore my insurance company made a payemnt but it did not cover the amount still owed on the car. :@ What do I have insurance for if you're not really covering the whole car, still makes me mad to this day. Anyway...

Went to the court house and found out that my credit report was incorrect. The judgment is NOT satisfied. On 10/18/96 there was a default judgment filed for the plaintiff in the sum of $1885.86 plus interest and cost per judge list’s entry. According to the docket entry I believe I was served, do not recall showing up, but I was served?

8/22/96[TAB]Service by certified mail for Ruth

8/29/96[TAB]Cert mail svc made (082896) for Antoinette notice of failed cert svc for Ruth

9/9/96[TAB]Service Failure Code: 05

About the CRA having incorrect information, isn’t it the creditor who supplied them with the information to begin with? Being that I thought the debt was considered satisfied, according to the creditor, am I still responsible for the debt? IE. Is there anything that can done about them report incorrect information the CRA? Probably not being that it would benefit me.

Reaching a settlement should I?

a) have them validate the debt

? while I’m waiting for them to validate, can they proceed with the garnishment of my wages? If they can should I skip the validation process? My ultimate goal is 1) not let them garnish my wages 2) resolve this for the least amount of money

once validated, make settlement offer in writing with crrr

<blockquote></blockquote> If you settle, you need to get a letter of satisfaction from the creditor/lawyer. That letter needs to go to the court so that it can be recorded as satisfied <blockquote></blockquote>

It's already considered satisfied according to the cra's, I know that's not correct but by me providing the court with proof (ie reaching a settlement) will that restart the 7-10 year clock? I know the court needs to have their records updated but do I want them to report it to the CRA's?

More Advice Needed