Jump to content

Question about Chargeoff/Judgement..Please Help


Swolf
 Share

Recommended Posts

I just started on my GF credit repair. But one thing I dont understand. On my credit I never had a judgement, but she does from Cap 1 for 967.00. She also has a chargeoff from cap 1 for 2092.00 on the same account. If I pay the judgement, does that mean I still owe the 2092.00 for the charge off or is it once you pay the judgement the other doesn't have to be paid.

The reason I ask is I am tring to get us under 5000.00 owed on collections prior to closing on a house. I need to know what I have to pay and what I don't.

We have already done DV and Dispute, so our options are to pay or not get a house. So please if anyone has any help I would appricate it.

Link to comment
Share on other sites

you want to pay the judgement.. paying the other amount may not make any difference since they are terrible about changing it on a credit report.. if you are SURE its the same account.. did she go to court.. did she settle for a lesser amount and you want to get that paid so they dont end up delving into your bank account.. but get proof you are paid in full... because it will still be on your CR

Link to comment
Share on other sites

No I understand that, but let me see if I can make this sound right, and pardon my stupidity,

She had a credit card and it was charged off, she was then taken to court for the judgement. So my question is when we pay the judgement {which we are} is that where it stops on the amount owed or is she still responsible to pay the 2000 as well?

@2092.00 + 967.00 = 3059.00

I hope this makes more sense

Link to comment
Share on other sites

I would help but you're a Bucs fan. Just jokin' ya. Anyway, I don't know how much I can help but I'll give it shot.

but she does from Cap 1 for 967.00. She also has a chargeoff from cap 1 for 2092.00 on the same account. If I pay the judgement, does that mean I still owe the 2092.00 for the charge off or is it once you pay the judgement the other doesn't have to be paid.

Have you/she received a copy of the judgment? If not, step one is to get a copy of the judgment and read it. It should outline the charges. If I'm on the right track, the judgment ($967) may be the amount that Crap One was allowed to sue for after write-off/charge-off. Is there a notation on her CR for Crap One, that says the amount they charged off? Not the balance but somewhere else on the CR, maybe in the remarks or status section? Also, to satisfy the judgment, you'll need to pay the amount of the judgment. I don't think you will be responsible for the $2092 as well. Don't quote me on that. If she wasn't served properly though, by the laws of FL (I assume), that's a reason to file a motion to vacate the judgment (make it null and void). So, if she says she wasn't served, look closely at method of service.

This is one I haven't encountered yet, but I wanted to see if the pros would jump in and help out.

EDITED: Carolina beat me to the first post. Thanks Carolina

Link to comment
Share on other sites

ok what is says is:

"the sum of 967.82 on principal, 170.00 for attorney's fees, costs in the sum of 190.00 and pre-judgement intrest of 279.51, that shall bear intrest at the rate of 7%, for which let execution issue."

So to me that was 1607.33 as of Sept. 27, 2005.

So now I am really lost. How do I find out what is actually owed and what does she have to pay and to whom. Do we go to the courthouse to pay or pay the Lawer representing Capitol one?

But the big thing is what is actually owed, its almost 2 years unpaid now and can you negotiate anything?

Link to comment
Share on other sites

Call the lawyer representing Cap One and ask him what his figure is. In fact, ask him to send you a breakdown of his figure. Be sure to give him a Post Office Box, and don't give him your phone number.

What I'm saying is get an idea of how they are breaking down what you pay, once you understand that, then you are in a position to argue with them.

However, when your statute says "You shall pay interest on all judgments at 7%", that's pretty clear language, and difficult to get overturned. Of course, unless you did not receive due process on service.

j

Link to comment
Share on other sites

answer2prayer - lol, I have no Idea how she has either, we are going to pay it just not sure to where and how much. The Lawyer is just that a lawyer for cap 1 it was never sold or tranfered. But in this case since it went to court do you pay the court or send a check to cap one and let them update?

Link to comment
Share on other sites

You don't pay the court. I would do as suggested here and contact the atty and get proof in writing of a breakdown of the amts. Then if you are going to pay it make sure you get proof of payment and I'd make sure it also states that they will update (and correct if need be) all TLs with the CRAs within a certain time frame.

Good luck!

Link to comment
Share on other sites

Ok Thanks, I am going to try a walk in to a lawyers office here in about in hour, so I will keep everyone abreast step by step here, so if anyone that is going through this can see the process I am taking this for my girlfriend.

Thanks everyone all the advise.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.