Help !!!!

[1roper4me]

What is the name of your state? CALIFORNIA

I was recently sued by my x for a debt x had long ago. the statue of linitation has run out and x won in court over a 10k bill. spite- is all it was, it will be removed off xs credit next year. Well, I called the collection company and they settled with me and sent me a reciept stating the amount is $0 owed. Now I do not want the judgment to be placed on my credit or to be filed through the court house. What do I do and what form do I file at the courts house to cancel this judgment.
The collection co cant come after me after the judgement gets filed can they????? Need help and fast !!!Thank R

[Debt Guy]

These would have been very good questions to have asked before you paid money.

Q. I was recently sued by my x for a debt x had long ago. the statue of linitation has run out and x won in court over a 10k bill. spite- is all it was, it will be removed off xs credit next year.

A. This is way confusing. Who sued you? Your X? A collection company? If x sued, why is a collection company involved? If it was out of statute, why didn't you file a motion that it was time-barred?

Q.Well, I called the collection company and they settled with me and sent me a reciept stating the amount is $0 owed.

A. OK. A written and signed agreement to settle would be preferable to a receipt.

Q. Now I do not want the judgment to be placed on my credit or to be filed through the court house.

A. It may be too late for that. This is exactly the kind of thing you work out before you pay your money -- now you have zero leverage. Has the judgment been awarded? If so, it is already at the court house and the credit bureau picks it up from the court house -- so once in motion it is hard to stop.

Q. What do I do and what form do I file at the courts house to cancel this judgment.

A. You don't really cancel the judgment. You should have received a document from the creditor called a "release of judgment" or a "satisfaction of judgment. This is the document that you need to file. But, again, that does not cancel the judgment -- it merely shows it as paid or satisfied. If you want to cancel the judgment, you will need to file a motion to vacate the judgment. Although, I don't know what the grounds for the motion will be. It would have been easier to convince the creditor to file the motion to vacate before you paid -- but you can't make them now and have no leverage.

Q. The collection co cant come after me after the judgement gets filed can they?????

A. Yes. But, if you have a receipt you should be able to convince them they are wrong. A copy of the release or satisfaction of the judgment is good as gold for this purpose.

I get the feeling you are not thinking this out very far in advance. Just some advice from here forward. Keep copies of all the documents you get on this because you might need them sometime in the future. Put them in a pickle jar and bury them in the backyard -- you will never forget where they are!

[1roper4me]

Hey thanks for that, it is confusing!!!!

I was divorced in 99 my x says there was a debt on the Marital settlemnt agreement that I havent paid YET! We went to court on march 21,05 and I lost cuz my attorney didnt know what she was doing and drop the ball. anyways the next day I called the collection co and settled for a minor amount. The Judgment probably hasnt gotten thru the clerks office yet, they are slow...so Im now trying to stop the Judgment cuz the collection co is happy and satisfied. I called again today to confirm the debt to be paid in full and they said yes. I just want her and this nightmare to be over, she sucks! and will try to continue to control my life w/this issue if she can. Thanks again.OH and of course the Collection co doesnt know about the judgment YET!R