757to314

Never Served in VA.

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Hi!  I am new here.  I pulled my credit a month ago and found a judgement from 2014.  I never knew about the judgement as I was never served.  When I opened the credit card I lived in Virginia.  Due to my daughter having special needs we moved to Missouri in 2013.  I was completly unaware of the judgement.  They supposely served me at an old address.  No family lived there.  I called Portfolio to resolve the issue and they would not negotaite.  They will accept the whole payment for 1100.00.  As I talked to them they kept threatning me telling me they will take more legal action against me if I don't pay.  I called back a second time to resolve  the account  rep told me they will take payment for 943.80 they won't settle for less. That is the judgement amount.  They told me they can't settle a judgement because they have to get the court to sign off on it.   Again they started to threaten me so I can told them I would have to call them back.  I did contact Chesapeake courts and received a copy of the warrant in debt and all of the paperwork.

Where do I go from here?   Contact PRA?  Courthouse? lawyer?  

I have no issues settling the debt.  I really do want the judgement to be vacated.   

This account shows a total of three times on my credit report.  

Orginal creditor, collection account and judgement

 

Any help would be very appreciated!  

Thank you!

 

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@757to314, you can begin by familiarizing yourself with  Section 511.760 of the Missouri statutes. You'll realize that you're in a much stronger position than you think you are. In the meantime, if you can stand the hit to your credit report, don't worry about it. If Portfolio wants to execute on the judgment, they'll have to do in Missouri, at which time you'll have an opportunity to contest it. 

"The only judgments that can be registered under § 511.760 are those entitled to full faith and credit. § 511.760.1. ... A judgment is entitled to full faith and credit only if the court rendering it had personal jurisdiction over the defendant. World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 292, 100 S.Ct. 559, 564, 62 L.Ed.2d 490 (1980) ("A judgment rendered in violation of due process is void in the rendering State and is not entitled to full faith and credit elsewhere ... Due process requires that the defendant ... be subject to the personal jurisdiction of the court ..."); E. Scoles and P. Hay, Conflict of Laws § 24.14 (1984); see Restatement (Second) of Conflict of Laws § 92 (1971). Adamson v. Harris, 726 S.W.2d 475 (Mo. Ct. App. 1987).

 

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