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Judgement against me (Improperly served)

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hoshin

Junior Member
Hello all, this question pertains to Ohio.

I checked my credit report a few months ago and found that it was good. Nothing negative on it. Recently, I enrolled in a credit monitoring program in which I'd found that in the few months since checking my report, I'd had a judgement against me for just under $1,000 for student loans I'd had about ten years ago. I had never received any court summons or supporting documentation regarding the case. Upon further investigation, they had sent letters to an address in which I never lived. To the best of my knowledge, I'd paid those (federal) loans off via garnishments in 2004 so I disputed them. Two weeks ago I got the dispute back saying the debt was valid and the next week received a letter regarding the charges (most likely because of the dispute updating the records with correct information). I called the school and confirmed that indeed the charges are valid (the garnishments were for separate loans - this one was for a private loan through the school) and that's fine, I'll pay them. My question is that if I wasn't given any notice (due process?) about this court date, do I have any recourse as far as having the judgement removed from my record? I made a call and left a message for the attorney collecting the debt and work out payment with them. I hope I can do something since had I know about this, I would have paid immediately thus avoiding the negative impact to my public record/credit report. I don't assume the collector could/would be willing to help with that. I've seen the court dockets showing the incorrect address so I can prove that I wasn't served correctly. It looks like the judgment was granted in October 2009.

If I work out payment with the firm, can they file to withdraw the judgment against me? If not, what should be my first step? What should I file? I'd like to settle if possible, which sounds realistic since there's a chance the judgment can be reversed -and- there is a chance that I will be unemployed within the next few months (I read that they cannot garnish unemployment benefits, so perhaps that's a bargaining chip). Regardless, my number one priority is keeping my credit report/public record clean.

Thanks in advance for any help on this matter. I'll be watching this thread very closely so if I need to elaborate on anything I'll be sure to do so right away.What is the name of your state (only U.S. law)?
 


Tayla

Member
A Personal loan is different then a Federal Grant/loan. Can you find the paperwork what type of loan this was?

Secondly - there is no such thing as "Reversing" a Judgment. It can be satisfied or vacated.

Yes proper serving on the hearing can be a defense If done in the first year it was filed thru the courts, I think you may have missed the time frame.

I would suggest a consult with a lawyer to best guide you on your avenue of recourse.
 

Hot Topic

Senior Member
"To the best of my knowledge" is insufficient proof of payment. You either know for sure or you don't.

An attorney after all the time that has passed, plus all the complications, is the best route to go.
 

hoshin

Junior Member
First off, thank you for the replies.

-Tayla,
I spoke with the school regarding the loan. I'm not sure if I can get the paperwork or not. When I called, they didn't even have me in their system and had to refer me to someone that dealt with collection accounts.

I used "reversing" for the lack of a better term. With those two choices, I'm looking to vacate the judgment. I am still within a year of this being filed through the courts. According to the Franklin County Clerk site, it was filed in July, 2009.

-Hot Topic,
I need to clarify: I had federal loans (in which they just garnished payments and are now satisfied - I only mentioned this to explain my purpose for the dispute) and this personal/private loan (which is why they needed to go through the court to obtain the judgment for the garnishment).

The consensus is that I need to consult a lawyer. A follow-up question to that is that the letter from the law firm informing me of the garnishment was dated 2/5/10. It read that I had 15 days before they contact my employer to garnish my wages. It will no doubt take me a few days to secure legal representation so if that 15 day marker passes, is this now set in stone? Will I still have recourse? Is there anything you can suggest doing in the meantime? Keep in mind I am not disputing the charges - had I received proper notice, I would have set up arrangements in order to avoid the judgment. I'm only looking at settling for less as an avenue because it may be a possibility.

Thank you again.
 
Last edited:

Zigner

Senior Member, Non-Attorney
Keep in mind I am not disputing the charges - had I received proper notice, I would have set up arrangements in order to avoid the judgment.
And, they would have been under no obligation to set up "arrangements" with a person who has PROVEN to be untrustworthy.
 

hoshin

Junior Member
-Zigner

"Arrangements" doesn't mean only payment arrangements. It could mean that I would just pay without the judgement. Please get over yourself and if you don't have anything helpful, I would appreciate you skipping over this thread.

Thank you.
 

Zigner

Senior Member, Non-Attorney
-Zigner

"Arrangements" doesn't mean only payment arrangements. It could mean that I would just pay without the judgement. Please get over yourself and if you don't have anything helpful, I would appreciate you skipping over this thread.

Thank you.
Oh Puhhleeeeeessssss

Had you meant to say that you would have paid it in full, then you would have said that you would have paid it in full... :rolleyes::rolleyes:
 

Artemis_ofthe_Hunt

Senior Member
-Zigner

"Arrangements" doesn't mean only payment arrangements. It could mean that I would just pay without the judgement. Please get over yourself and if you don't have anything helpful, I would appreciate you skipping over this thread.

Thank you.
First of all, being rude to people you're asking for help from is just bad manners.

Secondly, there isn't any 'skipping over' a judgment already in place (which according to you already is) and no attorney in their right mind is going to request vacating an order just to make you feel better about your credit report. Get the judgment paid off, then you'll receive a 'satisfaction and release of judgment'. Until then, the judgment will remain on your credit report.
 

hoshin

Junior Member
Just because I'm posting asking for advice doesn't mean I have to receive sarcasm for it. I appreciate the posts, but if someone is going to try to decorate their answer and wind up with something snobby and unhelpful (and not to mention shorter than their signature) then I would assume they do not reply.

Regardless of your opinion on that, should_I_ask, I do appreciate your reply. Thank you. Even with the 'satisfaction and release of judgment' I assume the judgment still negatively impacts my credit report, so it's not about feeling better about my report, I was just asking to avoid the bad mark.

Again, thank you.
 

Zigner

Senior Member, Non-Attorney
Just because I'm posting asking for advice doesn't mean I have to receive sarcasm for it. I appreciate the posts, but if someone is going to try to decorate their answer and wind up with something snobby and unhelpful (and not to mention shorter than their signature) then I would assume they do not reply.

Regardless of your opinion on that, should_I_ask, I do appreciate your reply. Thank you. Even with the 'satisfaction and release of judgment' I assume the judgment still negatively impacts my credit report, so it's not about feeling better about my report, I was just asking to avoid the bad mark.

Again, thank you.
One is happy to be of service.
 

TigerD

Senior Member
Just because I'm posting asking for advice doesn't mean I have to receive sarcasm for it.
No you don't have to receive sarcasm - that was provided as a free bonus. You're welcome.

Even with the 'satisfaction and release of judgment' I assume the judgment still negatively impacts my credit report, so it's not about feeling better about my report, I was just asking to avoid the bad mark.
You can only go back in time and pay your bills on time. The bad mark on your credit report was put there by you. It will drop off after 10 years or so.

DC
 

gogo589

Member
hoshin and should_I_ask, I thought I was the only one Zigner was rude to. Zigner makes personal attacks on people calling them idiots. Zigner, if you're here because you were made fun of in school and life, or your parents didn't love you enough, please go seek the help you truly need. Don't punish people here seeking advice or those of us giving it. In a way, I feel sad for someone who is so mean and bitter. I will say a prayer for you. God Bless!!!
 

hoshin

Junior Member
No you don't have to receive sarcasm - that was provided as a free bonus. You're welcome.
Maybe you should stick to collecting debts instead of comedy. It isn't a strength you posses. Perhaps you should add my OP to your list of suggested reading as that might aid you in not looking like you're kissing Zigner's ass.
 

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