Judgements, DV's, et. al

[rhiannasilel]

I have a few judgments on my CR from Nevada that I would like to dispute, because I never received any court notice from them stating they were suing me; however, the amounts are too small to really justify multiple trips to NV from MD, so what should I do? I'm not disputing the claim and I really have no issue with paying them, or making arrangements to pay them, but I think the judgments were in violation of the law. Any advice?

On another note, I have to write a DV to a creditor that is threatening action for an auto repossession in Nevada. My quick question there is who do I send the DV to? The attorney representing the CA (that's who I received the 30 day notice from), the CA, or the OC? I'm a little confused with this one.

I was also wondering what to do with older debts that are past the point of sending a DV? Should I dispute these, make arrangements?

And for my last question, I have some negative marks for previous not payment of my student loans; however I have since caught up with my payments and now have them consolidated under a new loan that is current. Should I send a good will letter or dispute the negative marks?

Sorry for so many questions, but I want to do this the right way.

[myscoresawful]

I have a few judgments on my CR from Nevada that I would like to dispute, because I never received any court notice from them stating they were suing me; however, the amounts are too small to really justify multiple trips to NV from MD, so what should I do? I'm not disputing the claim and I really have no issue with paying them, or making arrangements to pay them, but I think the judgments were in violation of the law. Any advice?.

There are a couple of options you have here, but no guarantee that you will recieve the results you want. I believe (and someone here will correct me if I am wrong, check into it anyway in case they don't) but you could file a motion to vacate. I believe if you can prove that they did not follow proper procedures for your state when filing/serving, you might be able to make it all go away. HOWEVER, if you pay these and then try to file the motion to vacate, I'm not sure, but it might not work..

On another note, I have to write a DV to a creditor that is threatening action for an auto repossession in Nevada. My quick question there is who do I send the DV to? The attorney representing the CA (that's who I received the 30 day notice from), the CA, or the OC? I'm a little confused with this one..

Find out what the SOL is for Nevada if that is where the car was actually picked up when repo'd. If it is past the SOL, then they can file all they want, but most likely wouldn't be awarded any money or a judgement in their favor. DV the attorney, you can do this with the standard DV form letter, how ever DVing the OC is a little different if it comes to that.

Some advice that NASCAR gave to me: "send the creditor a "Request For Calculation of Deficiency or Surplus". Keep your green card..

I was also wondering what to do with older debts that are past the point of sending a DV? Should I dispute these, make arrangements?.

I dont' think there is ever a time that is past the point of sending a DV. In most cases, they have to provide you with valid proof or remove it from reporting. The older ones are generally the easiest to get removed, due to the fact they are most likely the ones the OC no longer has paperwork on. DV'ing after the initial 30 days will not stop them from calling and trying to collect though..

And for my last question, I have some negative marks for previous not payment of my student loans; however I have since caught up with my payments and now have them consolidated under a new loan that is current. Should I send a good will letter or dispute the negative marks?

Sorry for so many questions, but I want to do this the right way.

you can send one, but you're dealing with a hole new ball team when you go up against the student loans. A defaulted student loan for example never has to come off your credit report as in "it's past 7 years"....is not a guideline for student loans. I do believe that the ones you had consolidated (the original student loans, will drop off 7 years after the date they were consolidated and not reflect the late payments after 2 years while they're waiting for the 7 years to be up.

There are a lot of people here who would like to help you, but I believe if you had broken up your questions into several posts specifically related to each one, you might would have more replies.

Good luck

[thomassl]

I have a few judgments on my CR from Nevada that I would like to dispute, because I never received any court notice from them stating they were suing me; however, the amounts are too small to really justify multiple trips to NV from MD, so what should I do? I'm not disputing the claim and I really have no issue with paying them, or making arrangements to pay them, but I think the judgments were in violation of the law. Any advice?

On another note, I have to write a DV to a creditor that is threatening action for an auto repossession in Nevada. My quick question there is who do I send the DV to? The attorney representing the CA (that's who I received the 30 day notice from), the CA, or the OC? I'm a little confused with this one.

I was also wondering what to do with older debts that are past the point of sending a DV? Should I dispute these, make arrangements?

And for my last question, I have some negative marks for previous not payment of my student loans; however I have since caught up with my payments and now have them consolidated under a new loan that is current. Should I send a good will letter or dispute the negative marks?

Sorry for so many questions, but I want to do this the right way.

In regards to the judgments, they apparently occured when you lived in Nevada and you now live in Maryland. Your creditors apparently tried to contact you in Nevada to no avail. Creditors normally sue in the state either where you live or where the transction took place. The creditors usually selects the state where you live if it's different from where the transaction took place because the court must see a substantial connection between you and the state in which you are sued in order for it to decide the case. After selecting the state, the creditor must select a county within the state. If your home, the location of the transction and the location o fthe creditor's business aren't all in one county, most creditors will choose the county where they are located simply because that is more convenient for them. After the creditor files the court papers, they must serve them on you. Apparently you moved and they were unable to do so. They received what is known as a "default judgment". You can vacate the judgments, however, you must go to Nevada to do so as you must file in the county where the court papers were filed. Since you say the judgments are small, you should pay them. Judgments stay on your credit report for 7 years unless they are for such things as unpaid taxes which could stay on indefinitely!

In regards to the car, you DV the collection agency, not the original creditor! Regarding your loan, I would ask them about clearing this up. Since you have made efforts to get it up to date, it would seem they would be willing to help you in this instance.

[rhiannasilel]

In regards to the judgments, they apparently occured when you lived in Nevada and you now live in Maryland. Your creditors apparently tried to contact you in Nevada to no avail. Creditors normally sue in the state either where you live or where the transction took place. The creditors usually selects the state where you live if it's different from where the transaction took place because the court must see a substantial connection between you and the state in which you are sued in order for it to decide the case. After selecting the state, the creditor must select a county within the state. If your home, the location of the transction and the location o fthe creditor's business aren't all in one county, most creditors will choose the county where they are located simply because that is more convenient for them. After the creditor files the court papers, they must serve them on you. Apparently you moved and they were unable to do so.

The thing is, the judgments were from 8/2004. I didn't move until 10/2004 so there couldn't have been an attempt to serve me with the paperwork. The judgments only total about $500, which would hardly be worth fighting.