FeltS32 Posted January 9, 2015 Report Share Posted January 9, 2015 Ok so I have another post in another forum trying to get a judgement removed from one of my CRs based on EQ not verifying with the data furnisher because the details of the judgement are incorrect. The amount of debt is not high at all and when the judgement was first put forth I was ignorant to my rights and just agreed to a payment plan etc. I would be willing to offer to settle and see if I could then get itr vacated after paying it BUT I have no idea who owns the debt. The OC (GEMB) are the ones who first took me to small claims for an amount under $1000 it was for an IKEA card. I tried to call GEMB but they are now Syncrony bank and have no record of my account because sometime after the judgement they sold off teh debt to a JDB. They accepted a few payments from me before this happened. Now if I wanted to pay I have no idea who to pay! The lawyer who handles the case for GEMB said they no longer have that account because it was sold off. Do I have an option to petition the court and summons GEMB to court to work out how I can pay them? Now I know they may very well not respond or even respond by saying they dont own the debt. I figure worst case nothing happens best case I can use that as a way to try and get a judge to vacate it because I have made an effort. Thoughts? Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted January 10, 2015 Report Share Posted January 10, 2015 Do I have an option to petition the court and summons GEMB to court to work out how I can pay them? Now I know they may very well not respond or even respond by saying they dont own the debt. I figure worst case nothing happens best case I can use that as a way to try and get a judge to vacate it because I have made an effort. Unfortunately, no. The only ways a court gets involved in the payment of a judgment is through debtor's exams which the plaintiff compels YOU to do, garnishment orders, bank levy orders, and BK. The court has no legal authority to force a creditor to set up payments outside of BK in a Chapter 13. The court also will not vacate the judgment because you made an effort to pay. There is an SOL on how long that judgment is good for and if the creditor sold it off and the purchaser makes no effort to collect that isn't the court's problem. Nor is it their problem if you cannot locate who it is. The judgment is still valid until it expires or is renewed. Quote Link to comment Share on other sites More sharing options...
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