luperu123 Posted November 12, 2004 Report Share Posted November 12, 2004 I am trying to get EDD (State of California Employment Development Department) off my credit report, I have tried to negotiate with them by sending a letter offering to pay the amount that they are listing on my credit report but they refused, they sent a letter back saying that I have to pay all the amount because no compromises can be accepted. I want to pay them so I can get the judgement off my credit report. Can you advise on to best handle this.On the other hand filing a motion to vacate is not as easy as it appears on your website, (at least not here in California for the Los Angeles Superior Court) please know I am not condeming anyone, all of you have been the most helpful bunch around. But I have not had any luck filing this motion, I keep getting rejected because of the format, no is able to help me, no one knows anything or they give half a%$ information, its extremely frustrating to say the least.Therefore I have no choice but to negotiate with EDD(State of California Employment Development Department) but I need the best way to go about it.Thanks again for you help, you guys are the best Link to comment Share on other sites More sharing options...
Recovering Attorney Posted November 12, 2004 Report Share Posted November 12, 2004 Hire a lawyer to file the motion. If it is that important to you, it is worth spending the money. Link to comment Share on other sites More sharing options...
luperu123 Posted November 12, 2004 Author Report Share Posted November 12, 2004 when I tried to seek advice from a paralegal, she explained that is was very complicated process and that the attorney would charge me over $2,000.00 if that is the case I might as well pay EDD, they want to charge me $3000.00 dollars, I can't afford that, that why at this point I am willing to compromise with EDD (State of California Employment Development Department) Link to comment Share on other sites More sharing options...
luperu123 Posted November 14, 2004 Author Report Share Posted November 14, 2004 Can anyone lend advice with this part of my question;I am trying to get EDD (State of California Employment Development Department) off my credit report, I have tried to negotiate with them by sending a letter offering to pay the amount that they are listing on my credit report but they refused, they sent a letter back saying that I have to pay all the amount because no compromises can be accepted. I want to pay them so I can get the judgement off my credit report. Can you advise on to best handle this. thanks Link to comment Share on other sites More sharing options...
willingtocope Posted November 14, 2004 Report Share Posted November 14, 2004 Well, I don't know that I can help, but I do have a few questions that might lead to a course of action.What was the original debt for? How much have you paid, how much does your credit report show, and why does EDD want more than that?They already have a judgement against you, right? Is that the amount EDD is claiming? When was the judgement filed?What grounds have you used to get the judgement vacated? What specifically has been wrong with your filings?Is this the only negative you have on your CR? Link to comment Share on other sites More sharing options...
jewish_stud Posted November 15, 2004 Report Share Posted November 15, 2004 download this e-bookhttp://www.nolo.com/lawstore/products/product.cfm/ObjectID/53E4D869-0A35-4D7D-BEE24CF4EC2E9C47 it will show you how to file a motion in california superior court. it's not that complicated. http://www.courtinfo.ca.gov/cgi-bin/forms.cgi is where you can download all the forms Link to comment Share on other sites More sharing options...
luperu123 Posted November 15, 2004 Author Report Share Posted November 15, 2004 I am not certain on the original amount. I have not paid anything, my credit report shows 905.00 dollars, I guess the rest is interest and late fees? Yes they filed a judgement against me, yes thats the amount they are claiming. But thats not the amount they are reporting on my credit report. I think it was filed November 2002, I never received notice but thats the date on my Credit Report.What grounds .. I can't even get the stupid thing filed, the clerk claims it the format I am using No but its 1 of 2 big ones.Thanks for answering any help is greatly appreciated Link to comment Share on other sites More sharing options...
luperu123 Posted November 15, 2004 Author Report Share Posted November 15, 2004 hi jewish_studthanks for the info, I tried that route already I did the research ( or at least thought i did) downloaded the form, filled it out and went to the court where the judgement was filed and thats where I was told that was a wrong form, I needed to do it in pleading format and call Legal-Aid..blah blah..blah. Then when I did it in pleading format it was still wrong. I don't know what else to do.But the e-book site looked pretty helpful. Thanks again, Link to comment Share on other sites More sharing options...
jewish_stud Posted November 15, 2004 Report Share Posted November 15, 2004 hi jewish_studthanks for the info, I tried that route already I did the research ( or at least thought i did) downloaded the form, filled it out and went to the court where the judgement was filed and thats where I was told that was a wrong form, I needed to do it in pleading format and call Legal-Aid..blah blah..blah. Then when I did it in pleading format it was still wrong. I don't know what else to do.But the e-book site looked pretty helpful. Thanks again,download the e-book. then the pleading format here http://www.saclaw.lib.ca.us/LegalGuides/SacramentoPleadingWeb.docand change it to fit your case. do a search on the internet for motions to vacate judgements. artofcredit.com has a lot more help in this area.the legalaid in california isn't much help when it comes to credit issues except the one in gardena - i know because i went there. however, if you write your pleading they can proof it to make sure it fits the proper format. thats what i used them for. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted November 15, 2004 Report Share Posted November 15, 2004 To vacate a judgment, you need to shaow a reasonable excuse for defaulting in the first place, and a meritorious defense to the action. If the judgement was entered two years ago, you might be estopped from vacating the judgment. Link to comment Share on other sites More sharing options...
luperu123 Posted November 15, 2004 Author Report Share Posted November 15, 2004 Right, I believe I do, my defense is I was never properly served when this motion was filed, I found out about it when I started cleaning up my credit and saw it on my credit report I couldn't believe those bastards at EDD! I know its a long shot with the motion but I am going to try it anyway, I would really rather negotiate with them because thats easier.Thats why I was wondering if I had the upper hand since they are reporting one amount on my credit report and are billing me for a different amount...any advice is greatly appreciated. Thanks again, Link to comment Share on other sites More sharing options...
willingtocope Posted November 15, 2004 Report Share Posted November 15, 2004 I don't think you've got much of a case, here. "Not Properly served" is hard to prove, since so many states have "mail" or "nail" type service. You'd be hard pressed to prove you weren't served. (Doesn't mean you shouldn't try...just standing up to them in court may make them go away rather than spend the money.)And, the difference between what your CR says and what the bill says could be just attorney fees (which probably wouldn't show on the CR) or even interest added since it was last reported.Not much encouragement, I'm afraid... Link to comment Share on other sites More sharing options...
luperu123 Posted November 15, 2004 Author Report Share Posted November 15, 2004 I would think they would at least send it certified mail, they would have to show I signed for it...right!? I really didn't find out till I pulled my credit report and according to the website this is a good enough defense..right?! I guess if I take it to court I'll find out.Besides, I thought there was some FCRA law about reporting correctly on one's CR? Should I send them a letter challenging the difference in amounts??Thanks again, Link to comment Share on other sites More sharing options...
luperu123 Posted November 29, 2004 Author Report Share Posted November 29, 2004 Please feel free to jump in at any time.. Link to comment Share on other sites More sharing options...
Recommended Posts