How do I handle civil claim judgement

[raymond]

It's on my credit report, it was posted last month.
It's all my fault cause I didn't take care of the matter
when I should've. So what's my options?
The collection gency got paid most of the balance except for a few hundred dollars and now I am left with this on my credit report. Please help.

[jlynn]

Is the judgment for the balance? Who is the judgment holder (who do you owe?), what state are you in?

[raymond]

The judement was for the balance of $1600, so far they took out $1200 cause that's all they could get from my account. The judgement holder is a attorney collection agency. I still owe them $400 but I haven't really alked to them about this so far. What should I do cause now it appears on my credit report as judgement in the public section.

[raymond]

Connecticut

[roybean]

So yo are saying that someone got a judgment against you and then froze or seized your bank account? Correct?

[raymond]

yes, if you have any suggestions I would appreciate it. thanks

[roybean]

Well, it is kind of late to do anything about it now. If they have already teken the funds then they have no incentive to remove anything from your credit report. Is this recent?

[hannah]

First things first, go close your bank account. Secondly, do you want to pay the rest of the money adjudged owing? You may be able to have the judgment holder vacate the judgment for payment of the rest if that is what you want to do. I would need to look up the correct statutes in CT. Were you served papers and sued? Did you respond to the suit?

[Hedwig]

Quote:

Originally Posted by hannah First things first, go close your bank account.

I might not close it, at least not yet. But don't put any money in there.

By having the account open, they think they know where your account is and they are waiting to pounce on the rest. Use the bank to cash checks, don't make deposits. Buy postal money orders to pay your bills.

Open an account at a bank or CU not where you live, maybe online. Make sure you can get another bank account before you leave yourself without a place to even cash checks.

But DON'T DEPOSIT ANY MONEY IN THIS ACCOUNT.

[raymond]

OK, but what should I do about the entry on my CR report, I still owe the collection agency 500 or something, should I ask them to remove it if I pay them the rest, also its a civil claim judgement would the CA be able to remove it? Also it's a recent entry on my credit report.

[mtnair]

Hannah answered your question in post #8.

[roybean]

Quote:

Originally Posted by raymond OK, but what should I do about the entry on my CR report, I still owe the collection agency 500 or something, should I ask them to remove it if I pay them the rest, also its a civil claim judgement would the CA be able to remove it? Also it's a recent entry on my credit report.

Keep just enough money in this account to keep the account open. Maybe you can do some negotiating with the balance, such as I'll give you X amount if you do such and such for me, but you haven't given us very much information to help you.

Don't put out your personal business, but can you tell us some of what Hannah suggested above?

[raymond]

Hannah,
I didn't close my account but there is only $1 in it so I am not worried.
I was served papers and sued but I didn't respond to it, that was a huge mistake I admit, so they ended up taking money from my account, I made too many mistakes. Anyways so I still owe them 500, do you think the collection agency would be able to take the public record of law suit out from my CR if I negotiate with them for the rest of the amount, if yes how should I do it?

[jlynn]

Quote:

Originally Posted by raymond do you think the collection agency would be able to take the public record of law suit out from my CR if I negotiate with them for the rest of the amount, if yes how should I do it?

The CA is actually not the one reporting it - and thus, cannot remove it. Its a public record, and was information gathered from the court house (there are companies that do this).

Hannah's post about vacating the judgment for the balance is the only way it will get removed. Its always worth a shot to see if you can negotiate paying the balance for them to vacate, but be sure to get everything in writing first - otherwise you will have a paid judgment.

If the CA says no, your hands are pretty much tied IMHO. That judgment will be accruing interest. Remedies for creditors to collect on a judgment vary from state to state - your checking account may be only the first of many they have to collect that balance.

You may just have to take the "hit" to your report to get them off your back. If that is what you end up doing make sure you get a satisfaction of judgment in writing reported to the court where the judgment was originally obtained.

[hannah]

Quote:

Originally Posted by raymond Hannah, I didn't close my account but there is only $1 in it so I am not worried. I was served papers and sued but I didn't respond to it, that was a huge mistake I admit, so they ended up taking money from my account, I made too many mistakes. Anyways so I still owe them 500, do you think the collection agency would be able to take the public record of law suit out from my CR if I negotiate with them for the rest of the amount, if yes how should I do it?

First take a deep breath...then sit down and write them a letter and tell them you would like to negotiate a settlement for the remainder of the balance owing BUT you will only do so if they vacate the judgment so that it is removed from your credit report. Send it Certified Mail Return Receipt Requested. This may not work but nothing ventured, nothing gained. They could garnish your wages or put a lien on any property you have if legal in CT so I would try this ASAP before they get antsy about the money. Do they also have a tradeline apart from the public records on your credit report? If so, how are they reporting the debt? You can post it here minus any identifying information so we can pick it apart if you like. If there are any FCRA violations, this may give you some leverage for negotiating a settlement in your favor.

[boyblue_77]

Quote:

Originally Posted by Hedwig Open an account at a bank or CU not where you live, maybe online. Make sure you can get another bank account before you leave yourself without a place to even cash checks.

I agree. Preferably out-of-state banks or CUs. Some that come to mind, netbank.com, usaa.com, City National Bank of Taylor.

[raymond]

Hannah,
Is there a letter template which I can use to give me some idea what to write.
Also I don't know anything about trade lines.

I really appreciate everyone's feedback---THANKS

[hannah]

Quote:

Originally Posted by raymond Hannah, Is there a letter template which I can use to give me some idea what to write. Also I don't know anything about trade lines. I really appreciate everyone's feedback---THANKS

I don't like to use templates as a general rule as every case is different. You would need to state all the facts and what you would like to have happen. If you like, write it up and email it to me and I'll take a look. My email is sosueme2006@yahoo.com.

As for the tradeline, whoever the original creditor of the judgment debt is, they may have a tradeline on your credit report. You need to see if they do because if they are reporting the debt inaccurately in any way, you can sue them for statutory damages. In your letter, you can say you won't sue for the violations if they agree to vacate the judgment. This is leverage to settle this in your favor. Take a look at your credit report and find out.

If you have an account with a creditor that reports to a credit reporting agency (henceforth CRA), your credit report will reflect a payment and account history. The information that a CRA reports regarding a consumer's history on a credit account is referred to as a "tradeline." On your credit report, there should be a "tradeline" for every creditor that reports account information to the CRA that is providing the report. Following is a summary of the information that is normally included in a "tradeline" on a consumers credit report:

* Name of the creditor
* Account number
* Type of account (installment loan or revolving)
* Balance owed
* Summarized payment history
* Date the account was opened
* Credit limit
* Co-signers on the account
* Date information was last reported to the bureau

In addition to the information that is normally reported, a "tradeline" may indicate the following:

* If the account has been included in a bankruptcy proceeding
* If there has been a repossession of collateral
* If an account has been charged off
* If an account has been turned over to collections

Not all credit institutions report to CRA's, but most of them do.

Credit reports also include a section that provides information that is considered public record such as tax liens, judgments, and arrests and convictions. Credit reports also give records of inquiries. Inquiries are records that reflect requests made by creditors to a CRA for a consumers credit report. Inquiries indicate the name of the creditor that requested the report and the date on which the report was requested.