CA and Judgements

[msteve0000]

Hi Forum,

I live in New York City and recently pulled my CR. I have 14 negatives.

Two are civil judgements. Two are pending judgements. All but two have been charged off/written off. Purchased by another lender. Some are the original OC.

I recently contacted the CA's and verbally agreed to make payments (payment plans) on all these accounts. I recently stumbled across this wonderful forum and now find myself wondering if I did the right thing.

I never knew I had alternatives when dealing with CA's.

My questions is can I go the debt validation route? Can they use the fact that I made some recent payments as proof of debt?

Regarding my judgements, I was never served in person. I haven't lived at the address that was served for two years. They claim that I am obligated to file a change of address form at the post office. Can I still file a motion to vacate?

Lastly, all these debts originated in 2001-2002.

Any advice is greatly appreciated.

MS

[isislc]

My questions is can I go the debt validation route? Can they use the fact that I made some recent payments as proof of debt?

You can try to dispute the debt but by making recent payments you affirmed it was yours. You may not be too successful with the dispute but it doesn't hurt to try.

Regarding my judgements, I was never served in person. I haven't lived at the address that was served for two years. They claim that I am obligated to file a change of address form at the post office. Can I still file a motion to vacate?

Well, for the judgments, you can try to vacate with not being served properly being your defense. If the judgments were fairly recent, you should move on the vacates because it could be a matter of time before they decide to Garnish wages.

Lastly, all these debts originated in 2001-2002.

If i remember correctly, New York has an SOL of 6 years from DOFD. If the debts are passed the 6 years I would just send them a FOAD letter instead.

[msteve0000]

How do I handle the debt if I continue payments? For example, I agreed to monthly payments of $150.00 to pay off a $2000.00 debt. How do I re-negotiate a better deal?

[isislc]

How do I handle the debt if I continue payments?

First, although you can't dispute that this debt isn't yours you CAN dispute the amount, do that. Don't pay a dime until they give you an itemization of the debt and how they came to that amount such as fees and primary balance. You also need to dispute the DOFD.

If it comes back and shows you are out of SOL then don't even worry about them. If not and the debt is verified then you can try to work it down, usually due to the rediculous fees CAs love to tack on. Work on the dispute first for DOFD and itemization of the debt. Once you have that information you can work on the next step of your battle plan.

[neish0424]

How do I vacate a judgement? WHere do I go? How would I handle it?

[isislc]

How do I vacate a judgement? WHere do I go? How would I handle it?

Start by visiting the county courthouse in which the judgment was awarded against you. You need to visit the clerk of courts to pull the judgment file and get specific information as to who it was that sued and whether or not they had an attorney. If they had an attorney, then all correspondence would go through them and not directly to the OC. Once you have that info, ask the clerk what you need to do in order to file a vacate.

I'm not sure what the law is in your state but filing a vacate DOES have a time limit, usually an 18 month window. If you are out of that window, you can file to have the case reopened and have your side heard then file the vacate due to not being served correctly. Talk to the clerk, she should be able to help you.