Question about a judgement removal

[nygiants12]

This is a little long but need help.

 

I had a pray of judgment on me that I never knew about until I pulled my credit about 2 years ago. It was from a collection group named “Arrow Financial” but they bought the account from Best Buy (HSBC). Well since then the arrow account has been sold to 2 or 3 different agencies.

 

I disputed the Best Buy (HSBC) and one of the other agencies on the report. Well I received a letter from Best Buy (HSBC) stating that “We have received your credit bureau dispute regarding the Best Buy Account. This is to confirm that following our investigation we have instructed all relevant consumer reporting agencies to delete any reference to this account from your credit file.”

 

Well the Best Buy account has been removed but the Judgment or the others have been removed. I now receive calls from the other agency to recover their lost from the Best Buy account that they bought. 

 

Wondering shouldn’t all of the other agencies and the judgment be removed because of this letter that I received from Best Buy since all of the other accounts came from the Best Buy account?

 

Thanks for any help

[Clydesmom]

This is a little long but need help.

 

I had a pray of judgment on me that I never knew about until I pulled my credit about 2 years ago. It was from a collection group named “Arrow Financial” but they bought the account from Best Buy (HSBC). Well since then the arrow account has been sold to 2 or 3 different agencies.

 

I disputed the Best Buy (HSBC) and one of the other agencies on the report. Well I received a letter from Best Buy (HSBC) stating that “We have received your credit bureau dispute regarding the Best Buy Account. This is to confirm that following our investigation we have instructed all relevant consumer reporting agencies to delete any reference to this account from your credit file.”

 

Well the Best Buy account has been removed but the Judgment or the others have been removed. I now receive calls from the other agency to recover their lost from the Best Buy account that they bought. 

 

Wondering shouldn’t all of the other agencies and the judgment be removed because of this letter that I received from Best Buy since all of the other accounts came from the Best Buy account?

 

Thanks for any help

 

A judgment can only be removed by the creditor that placed it or bought it in this case.  It is a public record and that is why it is still on your credit report.  While Best Buy chose to remove their trade line that does not automatically obligate anyone who bought the debt afterwards to remove theirs.  They are independent of each other and can report legally until the end of the 7 year reporting period as long as they do so accurately.

[nygiants12]

So since the company that placed the judgment has since sold it to other company who do I have to contact about it being removed. Also the report states that it will fall off in August of 2014. Does that mean after that everything should be removed or just the agency that filed the judgment? Does the company have to stop calling me or can they file for a different judgment or renew the current one? 

 

Since it is owned by a different company can I ask the for a DV? 

[nygiants12]

A judgment can only be removed by the creditor that placed it or bought it in this case.  It is a public record and that is why it is still on your credit report.  While Best Buy chose to remove their trade line that does not automatically obligate anyone who bought the debt afterwards to remove theirs.  They are independent of each other and can report legally until the end of the 7 year reporting period as long as they do so accurately.

So since the company that placed the judgment has since sold it to other company who do I have to contact about it being removed. Also the report states that it will fall off in August of 2014. Does that mean after that everything should be removed or just the agency that filed the judgment? Does the company have to stop calling me or can they file for a different judgment or renew the current one? 

 

Since it is owned by a different company can I ask the for a DV? 

[Wins the Battle]

Did you ever go to court to have the judgment vacated? You state that you were unaware of the judgment, which means that you were probably sewer served, and that's obviously illegal.

 

THAT should have been done as soon as you found out that you had the judgment on your report.

 

Once a debt is sold, whoever you originally owed the money has nothing to do with it.

 

Are you saying that the judgment will fall off in 2014? If so, leave it alone. The last thing you want to do is to remind them that it's there. They've never contacted you, apparently, correct?

 

Judgments can be renewed; the owner of the judgment goes to court and says, "We never got paid. We want to renew this judgment." And you owe the money for the next probably ten years. 

 

It may be too late. But your best bet is to contact a NACA attorney, let them know that you have an old judgment that you were unaware of, and that you want to sue for FDCPA violations and to have the judgment vacated.

[Clydesmom]

Did you ever go to court to have the judgment vacated? You state that you were unaware of the judgment, which means that you were probably sewer served, and that's obviously illegal.

 

THAT should have been done as soon as you found out that you had the judgment on your report.

 

It MIGHT be sewer service.  Without reviewing the court files as to how and when it was done there is no way to know for sure.

 

North Carolina allows for service by publication so if it was done that way then it is NOT sewer service and it was legal.  Either way it does not matter because the time to do something was at least 2 years ago when the judgment was found.  Now it is WAY too late to have it vacated.

 

It may be too late. But your best bet is to contact a NACA attorney, let them know that you have an old judgment that you were unaware of, and that you want to sue for FDCPA violations and to have the judgment vacated.

 

It is both too late to vacate it and for FCDPA violations.  There is only one year to bring a FCDPA violation lawsuit and that clock started ticking 2 years ago at the latest when the judgment was discovered.  

 

Most states have a one year limit to vacate a judgment due to reasons like improper service and by not addressing it 2 years ago that ship has sailed as well.  That judgment is etched in stone for the courts now.

 

Judgments can be renewed; the owner of the judgment goes to court and says, "We never got paid. We want to renew this judgment." And you owe the money for the next probably ten years. 

 

Not in NC they can't.  NC law specifically states they are good for 10 years but may not be renewed or the clock reset on collecting.

 

So since the company that placed the judgment has since sold it to other company who do I have to contact about it being removed. Also the report states that it will fall off in August of 2014. Does that mean after that everything should be removed or just the agency that filed the judgment? Does the company have to stop calling me or can they file for a different judgment or renew the current one? 

 

Since it is owned by a different company can I ask the for a DV? 

 

You contact the current owner of the judgment about settling it.  They are not going to remove it without payment simply because you ask.  

 

It MIGHT fall off in Aug 2014.  WHEN did they sue you originally?  The judgment is good 10 years from that date and public records are the one thing that don't subscribe to the 7 year reporting SOL.  As long as the public record is open they can still report it.

 

They cannot renew the judgment but until you pay it or tell them to never contact you again they can contact you and ask for payment forever.  

 

It is WAY too late to ask for DV now.  You have already been sued, lost, and waited WAY too long to pursue vacating the judgment.  All that will happen if you DV is that they will know exactly where you live and may indeed start levying bank accounts.  They cannot garnish wages in NC.  All they have to do is send a copy of the judgment to be in compliance with the FCDPA.