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Default Judgement want to Vacate fight Midland ~ MI


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History in short:

Midland Funding got a default judgement against me on 9/19/2011. (for a CIT Bank card)

Amount $1,700.00

I was personally served on 8/12/11, and failed to respond.

At the time, I had a job that I worked away from home 2-3 weeks at a time.

Knew I wouldn't be able to show in court, and didn't have the money to hire an attorney.

Just found out yesterday, that Midland put a garnishment in the court on 11/06/12 for income taxes, (wasn't notified).

Found out while getting copies of the default at the court house.


I do still have the original complaint and the affidavit Midland submitted with the complaint.

No proof of assignment, untimely affidavit, affidavit is possibly a robo-signed one.. Affiant is KAY OSTMOE, no agreement, no contract etc.

Anyway, I am posting here to get some idea's or suggestions how I could possibly reopen this case.

I feel I can beat it,...(now from knowledge learned here in these forums :) )

 

If I can't get it vacated, as I missed the one year SOL..

What other, if any, options are available...

Thank you in advance for your input.

 

 

 

 


 

 

 

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Personally, I don't see any options other than to pay the judgment.

I had a judgment against me that was obtained because I couldn't participate in the court proceedings due to family health issues in another part of the state.

Plaintiff eventually placed liens on my income taxes. Too bad, because I don't get any refunds.

 

Later in the year they sent a settlement offer of around 50% ........ I took it rather than let interest pile up and taking the risk that I might have to pay much more at some date in the future.

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Personally, I don't see any options other than to pay the judgment.

I had a judgment against me that was obtained because I couldn't participate in the court proceedings due to family health issues in another part of the state.

Plaintiff eventually placed liens on my income taxes. Too bad, because I don't get any refunds.

 

Later in the year they sent a settlement offer of around 50% ........ I took it rather than let interest pile up and taking the risk that I might have to pay much more at some date in the future.

Sorry.. :(

Thank you for your opinion.

Do they still report the judgement AND the debt on your CR?

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Guest usctrojanalum

The fact that you were served personally and did nothing really hurts you here.  If you go to re-open the case they are going to ask you why you defaulted, you really don't have a good answer for that question.  If I were you I'd look into paying off the judgment in exchange for having the judgment vacated.  They do not "report" the judgment, judgments are public records and the CRA's pick them up through court or county clerk records.  If they agree to vacate judgment in exchange for payment that helps your score immensely.

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The fact that you were served personally and did nothing really hurts you here.  If you go to re-open the case they are going to ask you why you defaulted, you really don't have a good answer for that question.  If I were you I'd look into paying off the judgment in exchange for having the judgment vacated.  They do not "report" the judgment, judgments are public records and the CRA's pick them up through court or county clerk records.  If they agree to vacate judgment in exchange for payment that helps your score immensely.

 

You learn something new here everyday. I wish I'd known about that negotiation tactic before I payed.

They did send a statisfaction of judgment.

Maybe someday, if I ever get interested in cleaning up my credit score, I'll look into using that to dispute any reporting.

 

Sorry.. :(

Thank you for your opinion.

Do they still report the judgement AND the debt on your CR?

 

I haven't looked at my credit report since I payed the debt so, I really dont know what's on it.

Hope someone else chimes in to provide better options for you.

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Guest usctrojanalum

Satisfactions are judgments are obviously good.  A satisfied judgment much better than an open judgment, but when a satisfaction gets filed it updates to your CR and stays on there as a satisfied judgment for 7 years.

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Satisfactions are judgments are obviously good.  A satisfied judgment much better than an open judgment, but when a satisfaction gets filed it updates to your CR and stays on there as a satisfied judgment for 7 years.

 

OK ......... it really doesn't matter to me at this stage of my life. I don't expect to need credit anymore. I know that there are other aspects of having good credit but I'm fairly well established and really don't have any intention of changing things.

 

I'm more at the stage of "managing my debt rather than my credit score".

                                                                           ~~~ willingtocope

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