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Can I negotiate vacation of judgement upon paying in full?

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Clearmycredit

Junior Member
I got a judgement placed against me in 2010 in NJ from a debt buyer(CACH NJ). It was originally a capital one cc that got charged off because their "payment protection" that I paid for it the entire time I had the card kept getting denied when I lost my job. Anyway...


I am willing to pay the judgement in full but only if they completely remove the judgement from my credit report as if it had never happen. From what I've been reading about the topic if I pay it in full it will just update to paid in full on my credit report and the judgement will still show which I don't want. I want the judgement totally gone from my credit report. So here's my questions:

1. Should I/Can I negotiate a vacation of judgement upon me paying the balance in full?
2. If I can negotiate the vacation of the judgement how do I go about this? By calling the lawyers office and telling them that aunt sally will only pay my judgement if they vacate the judgement? Then request it in writing from the lawyers office before making the payment?
3. If they don't agree to those terms what else can I try to get it off my credit report? Wait out the last 2 years until it falls off my credit report?

By the way I have no bank accounts in my name or assets at the current time so its not like they can pull the money from me any other way at this point...
I used to be a debt collector so I know the basics of dealing with collection agencies but I've never dealt with a judgement.

Thanks in advance for all your help!
 


TigerD

Senior Member
I am willing to pay the judgement in full but only if they completely remove the judgement from my credit report as if it had never happen.
Que hysterical laughter.

From what I've been reading about the topic if I pay it in full it will just update to paid in full on my credit report and the judgement will still show which I don't want. I want the judgement totally gone from my credit report.
Shoulda paid the bill, huh?


So here's my questions:

1. Should I/Can I negotiate a vacation of judgement upon me paying the balance in full?
Possibly. Realistically, your debt isn't money to warrant the extra work.
2. If I can negotiate the vacation of the judgement how do I go about this? By calling the lawyers office and telling them that aunt sally will only pay my judgement if they vacate the judgement? Then request it in writing from the lawyers office before making the payment?
Plan on spending an extra $5,000 to $10,000 in legal fees with the understanding that it ..|may not|.. will not happen.
3. If they don't agree to those terms what else can I try to get it off my credit report? Wait out the last 2 years until it falls off my credit report?
Pay the judgment and wait.

By the way I have no bank accounts in my name or assets at the current time so its not like they can pull the money from me any other way at this point...
I used to be a debt collector so I know the basics of dealing with collection agencies but I've never dealt with a judgement.
It would seem that you truly do not know the basics if you have allowed this to go to judgment and still have no idea about the process.

People like you make me dream of the return of debtors' prisons and involuntary servitude.

DC
 

bdancer

Member
You have no power to negotiate any kind of pay for delete agreement for a judgment. This shows up in the public records section of your credit report. The only way to get this removed would be to go to court and have the judgment vacated -- not likely to happen.

You pay the judgment, the judgment holder submits the satisfaction paperwork to the court which will then show the judgment paid in the public records. The judgment holder has no power to remove or update the judgment or anything else showing in the public records section.

By the way, judgments age off your credit report in 7 years or your state's statutory max, which every is longer. In New Jersey, judgments are good for 20 years. That judgment could remain on your credit report for 20 years.
 

Clearmycredit

Junior Member
Tried to spare you the long story but since you all think you know....

Que hysterical laughter.


Shoulda paid the bill, huh?



Possibly. Realistically, your debt isn't money to warrant the extra work.

Plan on spending an extra $5,000 to $10,000 in legal fees with the understanding that it ..|may not|.. will not happen.

Pay the judgment and wait.


It would seem that you truly do not know the basics if you have allowed this to go to judgment and still have no idea about the process.

People like you make me dream of the return of debtors' prisons and involuntary servitude.

DC
Since you think you know anything about how I got the debt in the 1st place #1 I paid for Capital One's payment protection program the entire time I had the card 5 years and when I got laid off from my job even though I filled out all their fun paperwork that would keep the card from being late even one payment in the first place or even come close to a charge off they kept denying my claims (If you didn't hear about the class action lawsuit that followed on their "non existent payment protection" read up on it it was quite fun) In the process of me arguing with capital one I moved to Florida and they charged it off.
#2 When I moved to Florida I called a lawyer about it and a class action lawsuit followed! So when the collection agency's called I did what my lawyer told me to do and referred them to the lawyer that was handling the class action because the default would never had happen had they covered me on the payment protection that I paid an extra $35 for every month for 5 years! Capital One then sold my charged off debt to a debt buyer and the debt buyer sued me in NJ and sent the paperwork to a family members address that I've barely spoken to my entire life! (AND YES I DID NOTIFY THEM MULTIPLE TIMES OF THE NEW ADDRESS)
So yes had I known anything about them suing me your EXACTLY RIGHT it would have never made it there! When I found out about the wonderful JUDGEMENT I was past my 2 years to go back to court to request a hearing!
AND THE BEST PART ABOUT IT ALL IS through it all I kept my unlimited American Express Card, banks accounts untouched, cars paid off with no liens, house with no lien & all!
Oh and just in case you were wondering it gets better because then in the class action lawsuit everyone that Capital One Screwed with the payment protection got screwed even more & got about $50 bucks back each by the time they paid everyone out of the settlement except for the original 2 people that filed the class action first. So needless to say YEAH I was just a TAD pissed and FED UP with the whole situation by that point! So YES I told THE DEBT BUYER TO SUCK IT and switched my assets into my fiancees name so they couldn't touch me because I felt like there was no point in paying something that shouldn't have EVER happen in the 1st place!

CALL ME what you want but I probably still have a better credit score WITH my judgement on there than every one of you acting like I'm the typical scum debtor! In case you were wondering A sparkling 720 thanks to my always on time amex & discover cards! Which by the way had no problem working with a long time customer who got laid off to keep the accounts current! My point was that I wanted it TOTALLY gone because I always WAS responsible with my credit & paid on time to now have a permanent stain on my credit report!! So I was hoping someone with 1/2 a brain could help me! Thanks though! You were ALL SO HELPFUL! :p
 
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