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Judgment - How to deal with it

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If a judgment goes against you, then you'll have to pay off the debts. You'll be provided a payment plan to help you repay the debt. However, if you are unable to make the debt payments, then your creditor may ask the court to garnish your wages or impose a judgment lien on your property. Once the judgment is paid, it will be reported on your credit report as "Paid Judgment".

A judgment has a negative impact on your credit score. Your credit score can go down by several points. Apart from that, a judgment gets reported on your credit report. A judgment remains on your credit report for 7 years or until it has been repaid whichever is shorter. Therefore, you should try your best to avoid getting a judgment against you.



snickers1776

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Sub: Judgment - How to deal with it
Thu, 20/01/2011 04:52

When the courts made their decision and you do what? Can this judgment be a permanent score on ur record forever or will it go away? Anyone???



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Sub: #1 I just found out that even though I filed BK in december, Cap1 wThu, 01/20/2011 - 04:52



I just found out that even though I filed BK in december, Cap1 was able to get a default judgement against me in Jan 2011!!! I had been told by my BK Atty. that because I filed the Chap. 7 BK, that all legal proceedings and subsequent court actions would cease. HA! Apparently, that was not the case. I have my trustee hearing in March 2011. If all goes well, then all of my debts will be wiped out. However, if not... then I am 'up a creek'.


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Sub: #2 Quote:Originally Posted by SOAPLADYIt was your responsiblity to Wed, 10/06/2010 - 13:59



Quote:
Originally Posted by SOAPLADY
It was your responsiblity to respond to the summons and to appear in court. As a general rule, debt management plans will not get involved with legal proceedings.
Have you taken into account all the court and legal fees that would have been assessed to you thru the judgment??



Well it looks like they added all the fees onto the judgment already, and i thought if they don't accept the proposal letter they would reject the money. But instead they kept the money and file the judgment against me.


SOAPLADY
SOAPLADY


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Sub: #3 Quote:Originally Posted by AnonymousI need some advice. I receivMon, 10/04/2010 - 11:29



Quote:
Originally Posted by Anonymous
I need some advice. I received a Summon from the creditor's attorney a year ago and i signed up with the debt management to do my payment and proposal. 2 months after they received my payments they filed a judgment against me because they payment was less then what they wanted but never made contacts with me or my debt management who tried to contact them. Finally when they did, the judgement has already gone thru..and i didn't even know the status until now since after i stop paying, after i got laid off from work. Now have a date scheduled for court to arrangment payments, i wanted to find out can the amount on the judgement increase after a judgement has been recorded? I've payed them for 9 months and when i called the attorney's office they gave me a balance that was still the same as what was on the judgement letter a year ago. And they wouldn't tell me what happen to the $900 payments i made and why it didn't reduce my balance? Please advise...


It was your responsiblity to respond to the summons and to appear in court. As a general rule, debt management plans will not get involved with legal proceedings.

Have you taken into account all the court and legal fees that would have been assessed to you thru the judgment??

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Sub: #4 Default Judgement OptionsMon, 10/04/2010 - 11:23



Quote:
Originally Posted by kchahn
Also have a judgement against me.
Knew absolutely NOTHING about it, until I received a threatening letter from CA.
Stating they had account of mine, reduced to judgement. Claimed they got in 2004.
Letter recieved, dated Dec 22, 09 was first time I knew of this.
In my case, I sent an Email to county court. Got phone call back. They stated that original court documents had been destroyed. But, I could call another individual and have a service record? mailed to me, showing what happened and when. Plan on doing so, probably Monday, when I have the time to do so.
Am certainly planning on sending letter to court, requesting the judgement be vacated for improper service.
Still planning on looking for attorney for consultation on possible FDCPA/FCRA violations.
And, if I have to, I'm also looking into possibility of a BK attorney. Don't want to, but may have no other choice.
One question on judgements:
Can one have a judgement vacated with prejudice??
Or is the lawsuits only?
That thought crossed my mind during work last night!
As always, information much appreciated.
Thanks.


First you may have your default judgement reheard if you prove you were not served. Second, if you win or won, ie Statute of Limitations has expired, Negative Cashflow, Wrong Person, Discharged Bankruptcy, you can have it vacated with or without prejudice, whichever way the judge sees it. Normally, they will approve with prejudice if it is a blatand mistake, without prejudice if there is a possibility of additional information going in either parties favor down the road (or whatever lawful reasons they have in their bag of tricks). The purpose of small claims court is to avoid fancy attorneys but you are alway welcome to hire one, retain one, or see advice from one. My two experiences in small claims court was she is very fair, knowledgeable of the law, and even shows compassion in valid extenuating circumstances.


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Sub: #5 I need some advice. I received a Summon from the creditor's attoSun, 10/03/2010 - 02:37



I need some advice. I received a Summon from the creditor's attorney a year ago and i signed up with the debt management to do my payment and proposal. 2 months after they received my payments they filed a judgment against me because they payment was less then what they wanted but never made contacts with me or my debt management who tried to contact them. Finally when they did, the judgement has already gone thru..and i didn't even know the status until now since after i stop paying, after i got laid off from work. Now have a date scheduled for court to arrangment payments, i wanted to find out can the amount on the judgement increase after a judgement has been recorded? I've payed them for 9 months and when i called the attorney's office they gave me a balance that was still the same as what was on the judgement letter a year ago. And they wouldn't tell me what happen to the $900 payments i made and why it didn't reduce my balance? Please advise...


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Sub: #6 I had a judgment by default entered against me and now they haveWed, 09/01/2010 - 08:06



I had a judgment by default entered against me and now they have a lien on my personal property with an outrageous interest rate plus legal fees as well with whatever else they wanted to charge. Is there anyway I could set up a payment plan on the principle amount owed. Also I was improperly served the court summons.


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Sub: #7 I have judgement against me for a car that was totally a lemon. Sat, 04/24/2010 - 20:32



I have judgement against me for a car that was totally a lemon. I gave them car back now I have a judgement against me for 21000 dollars. The car was only 5000.


kchahn
kchahn
Posts: 102
Credits: 10060.85

Sub: #8 Also have a judgement against me. Knew absolutely NOTHING about Fri, 01/15/2010 - 10:12



Also have a judgement against me.
Knew absolutely NOTHING about it, until I received a threatening letter from CA.
Stating they had account of mine, reduced to judgement. Claimed they got in 2004.
Letter recieved, dated Dec 22, 09 was first time I knew of this.
In my case, I sent an Email to county court. Got phone call back. They stated that original court documents had been destroyed. But, I could call another individual and have a service record? mailed to me, showing what happened and when. Plan on doing so, probably Monday, when I have the time to do so.
Am certainly planning on sending letter to court, requesting the judgement be vacated for improper service.

Still planning on looking for attorney for consultation on possible FDCPA/FCRA violations.
And, if I have to, I'm also looking into possibility of a BK attorney. Don't want to, but may have no other choice.

One question on judgements:

Can one have a judgement vacated with prejudice??
Or is the lawsuits only?
That thought crossed my mind during work last night!
As always, information much appreciated.
Thanks.

Keith

I'm so broke, I can't even afford to pay attention!
~Anon


Unregistered

Sub: #9 You can have the judgment removed for improper service. I am notFri, 01/15/2010 - 02:19



You can have the judgment removed for improper service. I am not an attorney, but you can find out how to do anything on line or check with clerks office for your county.


Jean G
Jean G
Posts: 2
Credits: 140

Sub: #10 Getting rid of judgement?Thu, 01/14/2010 - 18:09



I discovered last fall the Legal Recovery Law Office (Mark Walsh is the attorney) had obtained judgement by default against me for a Capital One account. That card had a credit limit of $500. They are now asking for $1699 as they have added court fees, attorneys fees, interest and who knows what else. Last week I got in touch with a non-profit mediation service letting them know I could offer a maximum of $400 to settle the account in full. Mark Walsh's office replied saying they were not interested in settling and wanted the full amount, saying the judgement gave them leverage. I told the mediator that was not possible and to see if they would extend a payment plan for a lower amount. Mark Walsh's office responded by saying they would arrange a payment plan for the full amount provided I furnished my address and employment info. I told the mediator I was no longer interested in mediating with these crooks. I went to LA Superior Court this morning to obtain a copy of the filed papers. After reading them I saw that I was "served" at an address where I never lived, and I can prove I was living elsewhere at the time. Is it safe to assume I was not served in this case? I don't know the law. Furthermore, and I don't know if that has any bearing, one of the court papers filed by Mark Walsh specifically mentions that the original credit card application/contract appears to be lost. So I spoke to a very courteous attorney today to ask for advice. Unfortunately he charges $650 to deal with the case. But he mentioned that I probably should try for a "first appearance" or "first paper" to obtain a hearing on the case to set aside the judgment, that another $205. I really want this case to be completely satisfied, dismissed, off of public records without giving the collecting attorney money, as they are essentially trying to intimidate and fleece me. What are my options. I thank you in advance for any advice, examples of letters, etc... that you could transmit to me. I want to resolve this matter.


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