[GoldenCrab]

Hi:

I charged up some credit card debts when i was back in Grad School and had to go out of the country for a while. When I came back and looked at my credit report it was abysmal.

1. I have a civil claims judgment passed against me in favor of a plaintiff "Resurgence Financial LLC" for around $6500. It says its supposed to go on record until 2013.

Question1: If I talk to the plaintiff/courthouse and make the settlement in full, will they take this off my CR??

2. I have an offer from OSI Collection Services Inc to collect half of what I owe on another one of my credit card, the new settlement amount comes to around $2000 from the $4000 it was (as per the settlement letter and also my CR). He has given me until Dec 16 to make this payment or call him and set up a monthly installment for the full amount that I owe. He says, he will report to the Credit card company as settled if I pay this up now.

Question2: Should I take up this offer? If I do, will this go off the record? Can I negotiate with him about this? Also, I am worried about writing a check to them and whether they might try and take away money electronically from my account later. So can I give them a banker's check or something?

3. The other two potentially negative items, I am willing to pay off and need to find if they will be taken off record too.

Any help on this is greatly appreciated!

[Pale Rider]

1 How long ago was the judgment? Have you gone to court house to get the file? How do they claim to have served you if you were out of the country?

You may be able to have the judgment vacated for improper service if that is the case. But, that may be a temporary fix if the debt was not past SOL, or the SOL was tolled by your absence.

Judgments can stay on your report for 7 years or until the SOL is expired. SOL for a judgment can be 10 or 20 years in some cases. You can try to negotiate removal.

2 They will mark as settled if you pay? Very nice of them to do something that is required by law. They are not doing you any favors there, and a paid negative account is in many cases no better than an unpaid negative account.

Is the account past SOL? Do they have a legal right to collect? When did the account default? You can negotiate here also, but I would want to answer those questions first.

[GoldenCrab]

1. The CR judgment part says:

Status:Civil claim judgment.
Status Details:This item is scheduled to continue on record until Aug 2013.
Date Filed:08/30/2006
Claim Amount:$6,486
Date Resolved:NA
Liability Amount:NA
Responsibility:Individual

Where do I look for the SOL?
One more thing I thought I mentioned in the post was, I also got a letter that a judgment lien has been placed on this civil claims judgment. Funny part is that since I left the country, I had sold off all that I had before and hold no property or asset here at all now.

2. The CR for this other settlement notice says:

Status: Account charged off/Past due 180 days. $3,968 written off. $3,824 past due as of Nov 2007.
Status Details: This account is scheduled to continue on record until Mar 2011.
Date Opened:10/2001
Type:Revolving
Reported Since:10/2001 Terms: NA
Date of Status:12/2004
Monthly Payment:$0
Last Reported:11/2007
Responsibility:Individual
Credit Limit/Original Amount:$3,000
High Balance:$3,968
Recent Balance:$3,968 as of 11/2007
Recent Payment:$0
Account History:Charge Off as of Dec 2004 to Nov 2007
180 days as of Nov 2004
150 days as of Oct 2004
120 days as of Sep 2004
90 days as of Aug 2004
60 days as of Jul 2004
30 days as of Jun 2004, Feb 2003

Balance History:
10/2007 $3,968
09/2007 $3,968
08/2007 $3,968
07/2007 $3,968
06/2007 $3,968
05/2007 $3,968
04/2007 $3,968
03/2007 $3,968
02/2007 $3,968
01/2007 $3,968
12/2006 $3,968
11/2006 $3,968
10/2006 $3,968
09/2006 $3,968
08/2006 $3,968
07/2006 $3,968
06/2006 $3,968
05/2006 $3,968
04/2006 $3,968
03/2006 $3,968
02/2006 $3,968
01/2006 $3,968
12/2005 $3,968

Between Dec 2005 and Oct 2007, your credit limit/high balance was $3,000


I think the only question answered from your questions above is : When did the account default: Back in 2004.

SOL: Again how do I find it out
Do they have legal right: How do I find if they do?

[Pale Rider]

1 The SOL is found in your state statutes. Can you tell us what state you are in? Is it same state before you left country? How long were you gone.

You may not have any property now, but if you open a bank account and they find it, they may be able to take all the money from the account. Also, if your state allows wage garnishment, they may be able to try for their money that way if they find your employer. If you were never served, I would try to vacate the judgment, then if the account is past SOL use that as a defense if they come back.

2 It appears the account defaulted and never recovered in June 2004. Some sates have a 3 year SOL, so it is possible you are past that. Again what state are you in?

[Pale Rider]

Forgot to mention earlier. I would never give anyone banking information. Use a money order if you decide to pay them. Get any payment plan/settlement in writing before making any payments. Payments may restart SOL depending on your state laws. Offering to make payments may restart SOL depending on your state laws.

[neil5623]

I may be able to offer some advice in spite of things tonight.

You mention a Civil claims Judgment. It appears to me that you are looking at only your credit reports. The only way to know for sure is to check with the county clerk where you lived before leaving the country. It may say what jurisdiction it is in on your credit report (I have a judgment, it is not on my reports). If it is a REAL judgment, they must have proper service for it to be a valid judgment. That would be a defense to get it vacated. Consult an attorney.

Statute of Limitations (SOL) varies from state to state, and can be found in your state's Rules of Civil Procedure. I believe we have a thread here with that info.

There are things you can do to help yourself. One is strategic disputes, but do NOT dispute as "not mine." If you do have a judgment, you can possibly dispute it and get it off your report, but you can't buy property in the county where it is filed without it haunting you.

Find out about the judgment from the county clerk (may be available on line). Get back with us.

[GoldenCrab]

Originally Posted by Pale Rider

1 The SOL is found in your state statutes. Can you tell us what state you are in? Is it same state before you left country? How long were you gone.

You may not have any property now, but if you open a bank account and they find it, they may be able to take all the money from the account. Also, if your state allows wage garnishment, they may be able to try for their money that way if they find your employer. If you were never served, I would try to vacate the judgment, then if the account is past SOL use that as a defense if they come back.

2 It appears the account defaulted and never recovered in June 2004. Some sates have a 3 year SOL, so it is possible you are past that. Again what state are you in?

1. I am and was in California. I was gone since Oct 2003 to Nov 2007 (now) and I made a brief month trip last year in Jan-Feb 2007

Does the judgment lien not preclude wage garnishment or bank levy? Can someone get served in the mail or does it have to be in person? I do not have any track of the mail that could have come in the past 4 years that i was away.

2. What implications does passing the SOL have on this account? Do you mean I would not have to do anything about it now and it will still go off record anyway after the SOL is passed? Now, I'm confused as to whether I should approach them with this settlement offer and talk to them about the payment or not and what implications that will have on the CR. It says the 16th of Dec is the date by which he should receive the payment (and I do plan to send a money order or a banker's check like you said; though I have a bank account - thanks for clarifying that). Do you think I will be able to call him, get an agreement written and send the money all before then? It's weekend now and no one is picking up.

Does the SOL extend if I make a payment or offer in the state of California?

[GoldenCrab]

Originally Posted by neil5623

I may be able to offer some advice in spite of things tonight.

You mention a Civil claims Judgment. It appears to me that you are looking at only your credit reports. The only way to know for sure is to check with the county clerk where you lived before leaving the country. It may say what jurisdiction it is in on your credit report (I have a judgment, it is not on my reports). If it is a REAL judgment, they must have proper service for it to be a valid judgment. That would be a defense to get it vacated. Consult an attorney.

Statute of Limitations (SOL) varies from state to state, and can be found in your state's Rules of Civil Procedure. I believe we have a thread here with that info.

There are things you can do to help yourself. One is strategic disputes, but do NOT dispute as "not mine." If you do have a judgment, you can possibly dispute it and get it off your report, but you can't buy property in the county where it is filed without it haunting you.

Find out about the judgment from the county clerk (may be available on line). Get back with us.

Sure, let me check with the county clerk. You said there might be a way to get the information online? Do you happen to know how I can do that? What are the questions information that I should get from this clerk that would help in this case?

What is "strategic disputes"?

[Pale Rider]

Originally Posted by GoldenCrab

1. I am and was in California. I was gone since Oct 2003 to Nov 2007 (now) and I made a brief month trip last year in Jan-Feb 2007

Does the judgment lien not preclude wage garnishment or bank levy? Can someone get served in the mail or does it have to be in person? I do not have any track of the mail that could have come in the past 4 years that i was away.

It appears you were gone at the time of default, and at the time of the default judgment. State law would dictate proper service. Usually it is in person, then by mail or public notice in local paper may be allowed. You need to get the complete file from the court house and determine how they claim they served you. As I mentioned above this may only be a temporary fix if you are able to get it vacated.

SOL for California appears to be 4 years for the account and 10 years for a judgment from what I see. Maybe someone here from CA will have a more definite answer. Depending on when the account defaulted, you may not be able to use SOL as a defense. At that point, if this is not vacated or they sue again, you will have to come up with another defense or counterclaims to offset the damage.

If the judgment stands or they sue again and win, they will probably have several ways to try and collect. They can go after bank accounts and or wages if they get a writ of garnishment from the court, if that is allowed in Cali. I'll see if I can find an answer to that.

Originally Posted by GoldenCrab

2. What implications does passing the SOL have on this account? Do you mean I would not have to do anything about it now and it will still go off record anyway after the SOL is passed? Now, I'm confused as to whether I should approach them with this settlement offer and talk to them about the payment or not and what implications that will have on the CR. It says the 16th of Dec is the date by which he should receive the payment (and I do plan to send a money order or a banker's check like you said; though I have a bank account - thanks for clarifying that). Do you think I will be able to call him, get an agreement written and send the money all before then? It's weekend now and no one is picking up.

Does the SOL extend if I make a payment or offer in the state of California?

From the info here, my best guess is that you are not past the 4 year SOL. SOL does not always stop them from other collection activities, but it gives you a defense if they try to sue you. You would answer the suit and appear in court to present the defense if it is availble. Otherwise they would get a default judgment if you fail to appear.

Not sure what will reset or toll SOL in Cali, but I will try to find that also. If you absence from the state stopped the SOL clock, you have a long way to go. You may want to contact a local attorney to get the best answer and options to some of these questions.

[Pale Rider]

Legal Tips & Commentary: Wage Garnishment Procedures in California - Wage garnishment is Cali

California Courts: Self-Help Center: Small Claims: Collect Your Judgment: More Ways to Collect a Judgment - ways to collect on judgment in Cali

If you do pay, again make sure everything is in writing. I would get a money order from a place other than your own bank account. If they know where you bank, they will not have much trouble draining the account.

[roybean]

You do not want to deal with a collection agency. Don't trust them; don't believe anything they say because they'll say anythng to get you to give them money. AS PR said, 'settlement' has a negative impact on your report whether it is paid or not because it is a red flag to to creditors and scoring methods.

You can look on line to see if your particular court is on line, but state court is kind of behind federal court and it depends .....oh wait...you said Calif??? Just do a google search.

Does your report say which court?

[Pale Rider]

Tolling Statute of Limitations when Defendant is out of State - article on SOL tolling during absence from Cali before and after default. Written in 95 the laws may have change significantly since that time.

[GoldenCrab]

I do plan to make the payments.

1. For the civil claims judgment, its the Santa Clara County Superior court. I want to pay off the judgment amount, so do I approach the court or the plaintiff? Like PR said, will I have to get a written statement from the plaintiff or from the county court regarding the payment of the amount?

2. For the other settlement offer, should I approach the OC as they are the names that still appear on the CR rather than dealing with the collection agency like roybean pointed out? Will I have better chances negotiating with the OC rather than the collection agency?

[GoldenCrab]

Quick update!

I searched my case# in the Santa Clara County Superior Court and this is what came up

Date: Tuesday, January 2, 2007
Time: 03:00PM
Dept.: S002
Event: CV CMC-Case Management Conf
Result: CMC vacated; Jgmt before CMC
Result Date: 08/31/06

What does this mean? Especially the CMC vacated part? Does this mean the judgment has been vacated?

[Hedwig]

I'll have to wait for some of those who know more about the law than I do to explain "judgment before CMC."

However, don't send them any money yet. You are a long way from that part. They are going to have to prove it's your acccount, and how the balance was computed, before you should pay. There are many things that could be wrong or that they can't prove. Until those items are proven, don't pay a penny, since you're not dealing with the original creditor anymore.