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default judgment


flythai834
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I recently found out through my bank that there was a default judgment against me. I found out because my bank account was frozen. the ca is NCO financial, ive been reading some posts on this website and hear they are scumbags. anyway, i never received any type of papers and had no clue about this judgment. i pulled my credit report and oc has date of last activity as 6/98, looked at nco and they showed that i had made two payments back in 1999, which is totally not true. what are my options with this judgment? can i do anything to fix it? what steps should i take? i live in nys and understand the sol is 6 years. in that case the sol would have run out 6/2004.

any info or help is greatly appreciated, and i would like to thank everyone who took the time to read this post .

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I recently found out through my bank that there was a default judgment against me. I found out because my bank account was frozen. the ca is NCO financial, ive been reading some posts on this website and hear they are scumbags. anyway, i never received any type of papers and had no clue about this judgment. i pulled my credit report and oc has date of last activity as 6/98, looked at nco and they showed that i had made two payments back in 1999, which is totally not true. what are my options with this judgment? can i do anything to fix it? what steps should i take? i live in nys and understand the sol is 6 years. in that case the sol would have run out 6/2004.

any info or help is greatly appreciated, and i would like to thank everyone who took the time to read this post .

Que-Hi I am actually in the same boat as you though further along.

1. You need to go to the courthouse and file a motion to vacate this judgment since you didn't have a clue, they probably didn't send a summons to your home. IF THEY DIDN'T SERVE YOU THEY CAN'T GET A DEFAULT JUDGMENT AGAINST YOU BY LAW.

2. Also use your credit report as proof that NCO is lying, I would recommend sending them a copy cerfified mail or fax and say "hey this is what my report says, you are wrong and are liable under applicable law" for reporting incorrect information. Or you can use this in your motion by saying, they are wrong and use a copy of your credit report.

Right now this is the way to go. I should know, I am in the process now, and I got my judgment vacated against Citibank and is continuing to fight them.

QMAX

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NCO is required to provide you with a copy of the judgment. Also, NCO is not allowed to sue you outside of your own jurisdiction. So your best bet is to call the courthouse where the judgment was filed and see about getting it thrown out for improper service of summons.

BTW. I'm pretty sure NY allows proper service of summons if it is simply stuck to your door. You have to get the service paperwork from the court to see if the papers went to you address or not.

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if you had your judgment vacated, what are you continuing to fight them for. just in case i have to go through the same process would like a little more insight into this matter.

i also thank you for your advice and that is what i will do. is there a time limit. i have known about this judgment now a little less than a month and i have already opened another bank account. i just didnt know what to do and needed some advice. just joined this site today but have been reading all the posts for awhile now and decided to put my question out there and hope to get good feedback.

thanks once again.

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Vacating a judgment doesn't eliminate the debt...it just means they have to sue you again and do it correctly. But sueing out of the consumer's jurisdiction gives rise to several violations of the FDCPA and that gives you a counter-claim of $1000 to use against them.

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methuss,

what do you mean outside of jurisdiction? sorry to be a pain, but i feel i need to be precise before going any further without any knowledge.

thanks once again for your time and any advice.

They have to sue you in your own local area. They can't sue you five States away where you would not be able to appear in court to defend yourself. Generally that means they have to sue you in your own State and County.

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The person who delivered the summons has to sign an affidavit that they delivered it. In NY they only have to tape it to your door...they don't have to hand it to you directly. The address they delivered it to will also appear on the service record.

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Unfortunately, in NY that doesn't necessarily matter. You need to get the service paperwork to find out where the summons was served, by whom, and, if they handed it to someone else, the name of that person. If they taped it to your door and the wind blew it away, it is still considered legally served in NY. NY lets a process server hand it to someone else at your address and consider it legally served as long as they not who they gave it to.

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so if it is proven that i was somehow served correctly, what would be my next options on fighting this judgment. i pulled a copy of my credit report and saw that the dol was in 6/98, but a cc has a date reporting dol later and it shows that i made two consecutive payments in 1999, which are wrong.

any suggestions, methuss.

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Can't really say until you get the file on this from the courthouse. If it was served to the wrong address you can usually get it tossed on that basis.

The bad thing is that if the judgment sticks, you probably should try to pay it. the Statute of Limitations on judgments in NY is 20 years. Also the FCRA allows unpaid judgments to remain on your credit report until the SoL expires...it will not fall off after 7 years.

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You can try getting a reduced amount or a payment plan but be careful to get it in writing with a stipulation that they will release the judgement. Be sure the language of the agreement does not allow them to sell or transfer the unpaid balance.

The 7 year clock starts from date of entry with the court. So if you pay it off 8 years after the judgment occurred, it should be immediately removed. The clock does not start over just because you paid it. There is no double-whammy on judgments like there is with tax liens.

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that is good to know, thanks once again. your very knowledgable in this area. i have been reading a lot of posts on this site and noticed that you responded to someone who wanted to send out dv's but all the old debts dated back to 1998, do you think that is a bad idea to send out dv letters. im asking because i live in ny and most of my debt goes back to 1998 - early 1999 and i just recently thought about sending everyone dv letters.

one more thing, nco is the company that filed the judgment do you think it would be a bad idea if i were to send them a dv letter before going to the court to find out about the paperwork?

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I would send the DV letter to NCO. They are a junk debt buyer. Most of the time, they don't even have a copy of the judgement they are pursuing. They buy computer tapes that just have names, addresses, and amounts, etc. It's called "buying paper."

While you wait for their response, you should still get the docs from the court.

In that other post, that person's situation indicated that the debt was beyond the point where he could be sued and it was about to reach the 7 year maturity ont he credit report. Why kick a sleeping dragon? An a couple months, it will be off the report for good and they can't even sue for it.

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Yes, you can settle a judgment. However, you've lost mucho leverage at this point. I would deplete my checking account, savings etc. immediately! The judgment remains on reports 7 yrs. from date filed. You can get it off sooner.

Unpaid judgements remain until their SoL expires. We covered this earlier.

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  • 1 month later...

update: havent had a chance to go to the courthouse, just got a new job, which i was temping at for quite awhile and have no days yet to take off. i will be off june 1, so plan to go to the courthouse on that date.

My question is, i sent nco a dv letter, which they signed for on 3/28. it is well over the 30 days and i have not received a letter, phone call, anything taped to my front door. Nothing. what am i supposed to do? they are, from what i understand, liable for sending me the judgment papers. i havent received that or any type of debt validation. any suggestions would be appreciated right now.

Thanks.

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if i have to pay it can i ask for a settlement amount and it and also a pay for delete or do you have to pay a judgment in full. and will have i have to wait 7 years from that date until it comes off of my cr?

Everything is negotiable even after someone suffers a judgment that cannot not be vacated or appealed. A judgment is a written decision that you owe the money. You can bargain for a release of the judgment at any time.

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hi cartier, thanks for your response, but did you read my whole post? I sent nco a dv letter and as of right now i have never received anything from them, not even a copy of the judgment. the default judgment was issued against me because i was never properly served. i never received anything from them. i do not want to negotiate anything right now, i want them to prove to me that i owe this money.

do you have any suggestions?

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