CACH LLC/Scott Lowery and Judgment in Oklahoma

[pureguava]

I had a Judgment against me in mid-2011, and it was whatever you call it when they take the full amount from your bank account. 

 

(I'm not going to go into how BS it was that it happened, but get to the point.)

 

I've pulled my credit report before and had seen it on there, showing there was a Judgment. (There has never been a "status" area.)

 

Yesterday, I was talking with a CC company I have one with because was denied an increase. I inquired why that was and the lady went over some negative things and said it was probably primarily because I still have a Judgment against me.

 

I asked did she mean "have", as in shows it was paid (cuz they literally took the money) or did she mean to say "had", as in there was a Judgment and that basically affects my credit.

 

She said neither. It was an active Judgment and did not show it was ever paid; it was unresolved and "active".

 

 

She informed me that the Plaintiff/Debtor/Winner-Of-My-Monies is supposed to file with the courts that it was paid in full. And that my credit has probably not been that good for the past 4 years, because of that.

 

After freaking out/raging, I called the law firm (Scott Lowery) and asked about it.

 

The lady (secretary?) looked and said something along the lines of, "That's weird. It's not that they didn't send the courts anything, they never even filled anything out about it. That is the end of your file. It just shows that the judgment was granted and they got the funds. I'm sorry. That definitely should not have happened. I'll get an attorney to send you via email and post that it was paid in full/satisfaction of judgment on the date that it was."

 

So, I got an email, of the scanned document, for the Satisfaction of Judgment and it showing the date it was paid in full. They said they'd send it to the 3 credit bureaus (but I'm going to also).

 

 

I've looked it up online, and it mentions penalties if they do not, but not for my state of Oklahoma; I either get NY & IA or "depending on the state..."

 

4 years of it effecting my credit, and I'm sure it's exponential, as it's been showing no activity!

 

My question is, surely there is something that can be done to them? 

[shellieh98]

It is still within the 1 year if they updated in the last year

[BV80]

@shellieh98

 

A judgment is public record and not reported by the judgment creditor.  

[pureguava]

One credit report doesn't show it wasn't paid (says "N/A") and the other shows it was filed; not really a black and white thing to asses. I wasn't aware I was supposed to be aware.

 

So, I'm out of luck?

[BV80]

@pureguava

 

The point is that the judgment creditor/JDB did not report the judgment to the CRAs, so the JDB didn't actually misrepresent anything.

 

You need to find out if the judgment creditor is supposed to file a satisfaction of judgment within a certain period of time after it's been settled.   If a satisfaction was supposed to be filed, you could contact a consumer attorney to find out if there is a possible FDCPA violation due to the JDB's failure to do so which resulted in a denial of an increase in your credit due to the fact that that your CR does not reflect that the judgment has been paid.

 

A good consumer attorney might be able to make a good case.  However, there's a chance that the only way an attorney would take such a case on contingency is if he feels it's a slam-dunk win.  If he wants an up-front fee, he's not that confident.

 

Here's the link to NACA (National Association of Consumer Advocates). 

 

http://www.consumeradvocates.org/find-attorney