berthaniner Posted January 23, 2006 Report Share Posted January 23, 2006 I've been found guilty of a debt that a collection agency took to court. Do I still have options? Can I still DV? I know you're supposed to wait 15-90 days to follow up- after you send in the first certified DV letter. I've recieved the parcel that shows they recieved it, but they didn't write back. Is 20 days enough? Will the DV process still work, even though they have a legal judgement against me?I have one other debt that was judged in the creditor's favor in a non-official court. It specialized in credit disputes but I can't really tell if it's a "legit" settlement or not. Link to comment Share on other sites More sharing options...
DocDon Posted January 23, 2006 Report Share Posted January 23, 2006 You were not "found guilty". Consumer debts are a civil matter, not criminal. What you got was a civil judgment against you.It's a little late to DV now. How did they win judgment? Did you not show up to court? Did you not have any defense?Who was the card with? How much? Need more details....What do you mean by non-official court? Was it arbitration? Again, more details are required... Link to comment Share on other sites More sharing options...
berthaniner Posted January 23, 2006 Author Report Share Posted January 23, 2006 They won judgement in the sum of $7,000 to Discover. I acted on advice from my hired credit consulting agency - now bankrupt ( haha) - to not show, so they recieved the default judgement. I did make the charges in a time of need - it's not like it was identity theft - so I couldn't imagine how to dispute them ...I was also ordered by "The National Arbitration Forum" to pay MBNA $3,800.I've read about the dirty tricks DCs use- I'm pretty sure the 1st one is official. I've been out of work for a few months now. I'm optimistic and don't expect to declare bankruptcy, but I think I can use my lack of income as part of the negotiation process... But with who? The O.C? Should I still only use certified mail, or is it safe to call them?I read a LOT- I only have those 2 ideas, but I know a lot of creative solutions come out of these forums. What might you do in my situation? Link to comment Share on other sites More sharing options...
willingtocope Posted January 23, 2006 Report Share Posted January 23, 2006 Ouch...First, read the menu item at the top on "vacating judgements" and see if there is anything you can use there...Second, as for MBNA, the NAF can't "order" you to pay. They have to take their claim to court and get a judgement...and there are states and court cases where these have been found uneforceable. This time, show up! Link to comment Share on other sites More sharing options...
berthaniner Posted January 24, 2006 Author Report Share Posted January 24, 2006 great! thanks christmas gorilla person,sometimes, all you need is the right couple of words. it took some searching, but here it is for anyone else who may need it.http://creditinfocenter.com/legal/VacatingJudgments.shtmlI'll test the o.c. to see if they have correct records, and if they don't, or ignore the req- I'll try a "vacate" Link to comment Share on other sites More sharing options...
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