Clearance in jepardy

[fivehua]

What is the name of your state? Texas

I have 3 charge-offs (negotiated settlements with CA's, listed as "settled for less than original"), 1 lawsuit and 1 summary judgement, last activity on all accounts was February 2004.

I know this sounds bad, but 4 yrs ago I was over $75k in debt. I negotiated and paid off everything except the 2 CA's who filed lawsuits. The SOL will end in Feb 2008 on one, but the other was awarded a summary judgement. They did this while I was overseas as a contractor in the middle east, I didn't know it until I checked my credit report when I got back.

My concern is this, I hold a government security clearance and if I loose it, I loose my job.

My re-investigation is due in April 2008. Are there any attorneys who would be willing to help me maintain my clearance?What is the name of your state?

[Chien]

I am going through a very similar situation with a debtor. It’s not clear why you need an attorney. My understanding is that you must show evidence of a confirmed payment agreement. We have perfected that. If the debtor defaults, I report and he suffers the consequences. It’s in our mutual interest to cooperate. (It does my client no good, if the debtor is without a job, and I would think that would be your hole card in working out a similar agreement with your own judgment creditor). Go as high as you need to and talk to someone who should understand that very simple concept. What are we missing here?

[fivehua]

This attorney is the fourth to represent the original creditor. The OC already listed my account as a charge-off. Each time it went to a different CA, I contacted them, and asked about either negotiating of accepting payents. I was told by each of them no, they want the whole amount, or they'll sue.

When this last guy sued, I showed up at court but found out it was postponed. I then went to Iraq for 13 months, and found out he won a summary judgement while I was gone. never got anything in the mail, or served. I looked up my credit report and saw it was awarded in April 2007. I contacted the County and they said I should have filed a motion to vacate within the first month, nothing I can do now. WTF!!!

I am retired military and was in Iraq as a contractor.

I dont have the money to pay all at once. This CA knew I was out of the country when he did this, is this a typical tactic? How can I trust this guy after pulling this?

Is their certain wording, yo would recommend on any type of agreement, to insure he removes the judgement?

[Amerikaner]

Not sure what the name of it is....but shouldn't OP be protected by a recent Act for Active Duty Military?

[debtcollector`]

Originally Posted by Amerikaner

Not sure what the name of it is....but shouldn't OP be protected by a recent Act for Active Duty Military?

No. He isn't military. He is a contractor. Mercs are not covered by the Service Members Relief Act.

DC

[Chien]

And protection from enforcement or regulatory impediments to enforcement don't get rid of the judgment. Without addressing the judgment, he doesn't get/keep his security clearance. That's the heart of the problem.

Beyond that, I don't understand the concluding line of the OP's response.

[fivehua]

I probably gave too much info and confused people.

Amerikaer; I specifically stated I was a contractor, I just wanted to point out that the CA filed for the judgement, when he knew I left for overseas. I never received ay certified mail, registered mail, or visit form the county sheriff.

DC & Chien, my question was this; I would love to work out an agreement with the CA, but cannot afford the full cost of the judgement. (Mercs don't get paid what they used too) The CA would possibly settle for less.

I want to ensure that the settlement agreement is worded properly, to ensure he or someone else does not hound me at a latter date, and ensure the judgement is removed.

[Chien]

I want to ensure that the settlement agreement is worded properly, to ensure he or someone else does not hound me at a latter date, and ensure the judgement is removed.

Judgment removal is more problematic. While it can be done, it’s not likely to be done without full payment/full settlement. Moreover, it’s my understanding that it’s not necessary to resolve the primary problem. *My* debtor is active reserve and a contractor and all that was necessary was a written acknowledgement that $X/mo. would be accepted against the judgment. Paying the full judgment or even a settlement of 50% in a lump sum was not feasible; it’s that big. The rate that was accepted will still take 10+ years (and will be reviewed and possibly revised as earnings increase), but the letter gets him the clearance. No good reason not to agree. Earnings are not that much and I’ve followed the guy through three states. If nothing else, I keep track of him, and he does it for me. I don’t know why your judgment requires more. If anything, you’d have to borrow from Peter to pay Paul. That’s fine for Paul, but it just transfers the security clearance problem to another place. Beyond that, you’re worrying about issues that don’t exist and need not exist with a simple but encompassing agreement.

[debtcollector`]

From your posting - Chien's advice hit the nail on the head.

Nothing negative implied by the merc reference. Post Gulf War I seriously considered going back to the sand box as an "adviser and trainer." Good luck and if you go back, stay safe.

DC

[fivehua]

Chien, Once again thanks for the info. I'll contact them and hopefully work something out.

DC, no offense taken, I've been called worse

[fivehua]

Well, good & bad:

The Attorneys and I settled on a payoff so the judgement should go away, but they will not write a letter for me.

Chien, do you have a sample of the letter, I may have to write one myelf.

[dcatz]

Chien isn't available or I probably wouldn't be posting here.

I'd tell you to open PM and send you language, but I don't follow how you can write your own letter.

Is the payoff to take place before April? If so, the creditor must file a Satisfaction with the court and you're entitled to a copy. (If they used the judgment to create liens, they're obliged to give you a copy and, if you, rather than they, have the responsibility of lifting those liens in TX, they're obliged to give you an original, or whatever it takes to do it.) For your purpose, that's better than a letter.

If the payoff extends past April, just get the agreement in writing and that's your letter.

[fivehua]

thanks dcatz

[dcatz]

No problem. I second DC. Good luck and stay safe, if you're going back.