tarodgers Posted August 24, 2002 Report Share Posted August 24, 2002 How long must a creditor wait, during a deliquency, before they can get a judgement on you.I have a judgement on my credit report from Jan. 1998. I paid the judgement in January of 1998 although I'm not sure if I paid it before or after the judgement came (How can I find out?). I was only late one month maybe two. I have receit statements that indicate I was never late, except for maybe December of 1997, and I do have the last cancel check dated November 1997 and was up to date with that payment. Isn't the time frame 6 months? Link to comment Share on other sites More sharing options...
tarodgers Posted August 24, 2002 Author Report Share Posted August 24, 2002 More info, this was a small loan of $700 to which the normal monthly payment was around $44.00. I paid this amount in December and according to the January 1998 statement this amount is indicated as received and that there is no past due amount. The next regular payment of $44.00 is due January 21, 1998 which I proceeded to payoff the account balance of $592 on January 18, 1998.So, who do I send the letter to have this removed, the company that put this judgment on here or the CRAs with all the proof that not only did I pay this, but the judgment seems to be illegal.Correct me if I'm wrong, but in the FRCA section 605 © (1) it states:"(1) In general. The 7-year period referred to in paragraphs (4) and (6) ** of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. "Doesn't this mean that they can not place a collection or judgment unless the account is 180 days delinquent? Link to comment Share on other sites More sharing options...
tarodgers Posted August 25, 2002 Author Report Share Posted August 25, 2002 I'm reading through the FCRA and FDCPA and it appears that even if the CRAs do remove this item from my credit I still have a law suit against the orginal creditor for defamation of character. Is this true? By the way I did send out certified letters today to all three CRAs with copies of the canceled checks along with the account statements that indicate there was no past due balance in January when this judgment was placed on my credit. Link to comment Share on other sites More sharing options...
admin Posted August 25, 2002 Report Share Posted August 25, 2002 Were you served on this judgment (did you sign anything stating you received the summons to appear in court for this judgment?) If not, I'd get it vacated, even if you already paid it. Link to comment Share on other sites More sharing options...
Niner849 Posted August 25, 2002 Report Share Posted August 25, 2002 <blockquote>Originally posted by adminWere you served on this judgment (did you sign anything stating you received the summons to appear in court for this judgment?) If not, I'd get it vacated, even if you already paid it.</blockquote>I have a judgement on my CR that is supposed to be on there until 2005. I also have a copy, but it doesn't show the amount it was for, (but I remember), or anything else. I didn't show up to any court, I had my wages garneshed. Is this the same thing? Should I send maybe the goodwill letter to the CA, and see if they will remove it?Andi Link to comment Share on other sites More sharing options...
tarodgers Posted August 26, 2002 Author Report Share Posted August 26, 2002 I was never served with any papers. How do I go about vacating? Link to comment Share on other sites More sharing options...
admin Posted August 27, 2002 Report Share Posted August 27, 2002 ta and Niner,You vacate a judgment by filing a motion at your county courthouse to vacate it. You can call the county clerk and ask for the right forms and procedure. It's pretty cut and dried - you file, go to court, they have to show proof that you were served. Keep in mind, though, that if the SOL is not up, they can sue you again. Link to comment Share on other sites More sharing options...
tarodgers Posted September 1, 2002 Author Report Share Posted September 1, 2002 Woohoo. My TransUnion credit report just arrived today and the judgment is no longer on there. One CRA down two to go.Thank you Admin. [Edit by tarodgers on Saturday, August 31, 2002 @ 07:36 PM] Link to comment Share on other sites More sharing options...
tarodgers Posted October 2, 2002 Author Report Share Posted October 2, 2002 This is confusing. The CRA that took this item off my credit report put it back on. Like I stated before this was paid off right around the same time as the judgment in 1998. They couldn't have validated it because it has indeed been paid off. I even sent them the canceled checks and proof that I was not late on the account.Should I continue with the vacating or send the CRA a nasty letter? Link to comment Share on other sites More sharing options...
admin Posted October 2, 2002 Report Share Posted October 2, 2002 Did they notify you in writing within 5 days? If not, it's a $1000 fine. Go to court, do not pass go, and collect your $1000. Link to comment Share on other sites More sharing options...
tarodgers Posted October 4, 2002 Author Report Share Posted October 4, 2002 They sent me a new credit report, but they could not of validated because they would have found out it was paid off four years ago. Link to comment Share on other sites More sharing options...
admin Posted October 4, 2002 Report Share Posted October 4, 2002 Not notified you of the reinsertion is a violation of the FCRA. GO sue them. If you file suit, most likely they will either a) remove it or pay you $1000 or c) both. [Edit by admin on Friday, October 4, 2002 @ 08:50 AM] Link to comment Share on other sites More sharing options...
tarodgers Posted October 8, 2002 Author Report Share Posted October 8, 2002 You mean that sending me an updated copy of my credit report with the item reinserted is not notification? Want to clarify that before I go to court?I also want to thank you. You have been a tremendous help. I only have two bad marks left on each of my credit reports and both have the ability to come off. Link to comment Share on other sites More sharing options...
admin Posted October 8, 2002 Report Share Posted October 8, 2002 I'm sorry if I didn't read your post thoroughly. Yes, that is notification. Sorry.Most people notice that something has been reinserted by pulling their own credit reports. Link to comment Share on other sites More sharing options...
tarodgers Posted October 8, 2002 Author Report Share Posted October 8, 2002 Thanks. I'm going to the courthouse next week to submit paperwork to get this judgment vacated. Link to comment Share on other sites More sharing options...
tarodgers Posted October 8, 2002 Author Report Share Posted October 8, 2002 Next question. I sent a validation request to all CRA's with a copy of the canceled check and bill statements indicating the loan was not late at the time this judgment was placed and that it was paid off completely. Shouldn't this be enough for them to remove the item? Two of the CRA's responded back that all information has been verified. Of course the item was not taken off. Link to comment Share on other sites More sharing options...
admin Posted October 8, 2002 Report Share Posted October 8, 2002 If it truly wasn't late, then I'd start getting tough with the creditor who is really to blame. The CRAs are required to pass along all information sent to the OC, but gawd only knows what the OC does with it.If you truly weren't late, a couple of lawsuit threaten should light a fire under their butts. Link to comment Share on other sites More sharing options...
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