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[frustratedguyhere01]

Hi, so I have a judgment from FIA Services (I had a credit card from BofA) that was done by a JDB in my area. Upon calling BofA, I found out that the account is charged off and was given to a third party, who in turn probably gave it to another JDB lawyer in my area to file the lawsuit.

My question is if I were to negotiate on a settlement with the JDB, can I get the judgment and the chargeoff removed? Would the JDB have any authority to make that kind offer? Is there any other course of action that I can take? Thanks

[GlitterGal]

I don't think you're going to have any luck settling. Judgements stay on file for 10 years, they may be collectable event longer depending on local laws.

Why would they settle at this point? They already have a legal document that says you have to pay every last dime. Also, getting a judgement removed just because its paid is not going to happen.

If you want to see about fighting this, then you should go back and wonder why you didn't know about this judgement until now. Was service proper? Did you default? Why aren't they doing something like garnishing your income (that's assuming that you have income)?

[frustratedguyhere01]

yeah, I'm thinking of motioning to vacate judgment based on improper service, but that would just make the case be reheard. I'm afraid that since I called the OC, they told me that they gave the third party documents, my argument of an affadavit and ownership of the debt might be overturned. I do have my truecredit report that shows the debt as a follows:

- Account No.: 66**

- Condition: Derogatory

- Balance: $8151

- Type: Credit Card

- Pay Status: Collection/Chargeoff

Can I argue the case that use the defense that OC does not know of the court case. (would evidence of the account not saying it was sold off, but instead saying it was charged off as bad debt Profit and Loss write off work? I would print that out from TrueCredit and submit it) I'm just afraid the judge might not know to look for the words "SOLD OFF" as showing a change of ownership.

What do you guys think? Thanks

[tx3amigos]

It doesn't sound like you have any defense at all...> that the OC doesn't know about the judgement<.

Probably what happened is: the OC couldn't get payments from you, so they closed their books on your account (charged off your account ) -- in other words - they-the OC got tired of sending you bills, so they hired a CA and let them do the dirty work for them (sending letters and making the phone calls)-Which means, there is no change in ownership--the CA is working for the OC at this time. And when the CA couldn't get payments, they hired an attorney to file a judgement.

So did you get served? Did you go to court? What was the repayment arrangement? Are they calling you because you defaulted on the repayment?... OR did you not know about the judgement?,,,did you only find out about it when you saw your credit report or from one of their phones calls?

If you weren't served, you might have an arguement..but if you were served and didn't show up or lost the lawsuit....you're stuck..from my experience,you just have to pay. The time to "work it out" with the OC and CA is BEFORE a judgemnt has been awarded...after they win the judgement --it's too late...they won.

The OC and CA info on your CR will fall off in 7 years whether you pay this judgement or not. The judgement will stay for 10 years even if you have paid it off. If you don't pay, it stays for 10+ years and in some states it can be renewed over and over again forever. A judgement is almost as bad as a BK on you credit report.

If you could answer GlitterGirl's last paragraph of questions, the forum could help you with this a lot better.

Good luck with this

Edited September 25, 2010 by tx3amigos

[frustratedguyhere01]

Thank you for the response. Yes, I got a default judgment on me back in the early part of 2009. I think I should try and fight it considering I have nothing to lose at this point. My question then is:

I called BofA and was told that CA #1 was collecting on behalf of them. The CA, who is not in my jurisdiction has sent it over to CA #2 that filed a civil lawsuit and got a default judgment. I plan to file a motion to vacate due to improperly served. When the case is heard again, I want to show to the judge that the OC was not aware of CA #2 filing a lawsuit. Will this work? How can I get this evidence? I was only able to call OC and was told over the phone. Will that be enough evidence in court? Would this be considered FRAUD or what kind of violation would this be? Thanks

[myhouse]

When the case is heard again, I want to show to the judge that the OC was not aware of CA #2 filing a lawsuit.

How on earth is that any defense to the judgment? As far as I'm aware, the CA doesn't have to inform the OC that they intend to sue, have sued, or have won a suit. That's between the OC and the CA, and in no way invalidates the judgment.

FGH, I've read a number of your posts/threads on this issue, and I really think you're barking up the wrong tree. The only possible defense you might have against this judgment is *IF* you were improperly served. *IF* you get the judgment vacated on those grounds, that will reopen the case for them to sue you again for the same debt. If you have no defenses regarding the debt itself, then you will lose AGAIN, and this time you can be sure they will dot all their i's and cross all their t's, and tack on additional attorney/legal fees to boot.

[Massive]

How on earth is that any defense to the judgment? As far as I'm aware, the CA doesn't have to inform the OC that they intend to sue, have sued, or have won a suit. That's between the OC and the CA, and in no way invalidates the judgment.

FGH, I've read a number of your posts/threads on this issue, and I really think you're barking up the wrong tree. The only possible defense you might have against this judgment is *IF* you were improperly served. *IF* you get the judgment vacated on those grounds, that will reopen the case for them to sue you again for the same debt. If you have no defenses regarding the debt itself, then you will lose AGAIN, and this time you can be sure they will dot all their i's and cross all their t's, and tack on additional attorney/legal fees to boot.

I have news for you, if an original creditors name is used in a lawsuit and they don't know about it, then they aren't a participant in the suit. Also there would be a lack of subject matter jurisdiction and the judgment would be void and subject to attack either a direct attack or a collateral attack. A legitimate suit requires two parties, a Plaintiff and a Defendant. Now when I say a Plaintiff, I mean competent fact evidence on the record from the Plaintiff, not some third party law firm. You always need to attack STANDING for a National Association (Big Bank) to sue you in your State. Make them prove they have a legal standing to sue you. Then watch the law firm squirm.

[FL4answer58]

You always need to attack STANDING for a National Association (Big Bank) to sue you in your State. Make them prove they have a legal standing to sue you. Then watch the law firm squirm.

Massive - What is the language you use in this type of affirmative defense?

Example? 'Lack of Standing'

Thank you.