Judgement Gone Belly Up!!

[Appraisals]

What is the name of your state? Or.

A judgement in the amount of $407.00 was filed against me in my absence in 1998. I was never contacted by the Court or the Collection Co. of the Judgement. I don't even know what it is for and the county clerk has no Info. This past month when I went to Refinanced my Home this Judgement appeared on my Credit report. The County where the Judgement was filed has confirmed the Judgement, and gave me, the loan Co. and the Title Co. the Address and Phone # of the Collection Co. They are no longer in Business. The Letters sent to the Address Certified Mail are returned Undeliverable and the Phone # is no longer in Service. What Do I Do Now? The County Tells Me they are not alowed to give legal Advice. This "Ding" on my Credit has Effected the Intrest rate I Got for my loan, and the Title Co. has a Check for $407.00 Sitting in Limbo. The Credit reporting Agencies Confirm the Judgement with the County Who Says it is Valid. HOW DO I GET RID OF THIS.

 

[Dandy Don]

Mention the name and address of the company (and phone number) here so I can check Oregon business records to see who the names of the agent of service and/or company officials are.

It possible you should visit the county where the judgment was issued or ask them to mail you copies of every piece of documentation in the file. Somewhere in there should be should be able to provide you with copies of the COURT RECORDS on this and since it is public record, don't believe them if they tell you they can't.

Are you saying that the title company wants to pay this for you but that you don't know where to send the money?

 

[JETX]

HOW DO I GET RID OF THIS.

Ignore 'Dandy Dunce' has he has no legal knowledge as is evident by the fact that he doesn't understand your post.

Simply, based on your post, there are two possible resolutions that you might consider to get rid of this lien:
1) You can challenge the judgment itself. Contact the court and get a copy of the filing, the judgment and the 'notice of service'. If they failed to properly notify you as required, then you can file a motion to dismiss the judgment. If the court agrees, be sure to get an order to release the lien and then simply file that order with the county clerk or registrar.
2) Get with an attorney who can submit appropriate records to the clerk and/or debtor to release the lien.

You have done the right thing by going ahead and paying the judgment (by putting the funds in escrow). Hopefully, that should be sufficient for the lender to proceed with the funding.

 

[Appraisals]

I Know Who they are and they were a legal collection agency at the time. They are no longer in Business. All our attempts to contact anyone involved in this case have been rejected. I have since gotten with a lawyer who would file the paperwork for $500.00-$750.00 and have the court remove the Judgement. I would like to do this Myself, It really "IRKS" me to pay someone more than the Judgement was to get it cleared, and I still do not know what it was for. The funds are in escrow and the loan did fund last week. I will be meeting with a Judge this week and hopefully Get this straight. JETX had the same resolution that the Lawyer informed me of. Can This be Done without a lawyer filing the paperwork????

 

[JETX]

Your latest post raises some new issues.

I Know Who they are and they were a legal collection agency at the time. They are no longer in Business. All our attempts to contact anyone involved in this case have been rejected.

Most valid companies don't just disappear, their assets are taken over by someone else. You should try to find out who that person/company may be. And since most debt collectors are operating as agents of the original creditor and never actually take ownership of the debt, you might try contacting the original creditor to see if they still own it. Finally, you might also look at the case file (at court) and see who their attorney was. He/she should be able to steer you to their client and/or may very well still have the rights to sign a release of lien.

Can This be Done without a lawyer filing the paperwork????

That depends on your 'legal talents'. If the above fails (original creditor and/or attorney), then you might visit a local law school or county law library and do some research into the process and forms.
BTW, the Oregon statutes on judgment liens and releases can be found at: http://www.leg.state.or.us/ors/018.html/

 

[nicolia]

Another option

Another option here would be to simply challenge the "ding" with the credit reporting agencies.

All you need to do is purchase (individually, not a 3-in-1 report) a report from all three reporting agencies. Immediatley challenge the "ding" as not belonging to you. The agencies will investigate by sending a letter to the collection agency asking for proof. By law, the collection agency must provide proof within 30 days, or the "ding" will be removed from your credit report - and it cannot by law be placed back.

I have successfully done this for many people...even for people with valid negative claims against them.

 

[JETX]

The agencies will investigate by sending a letter to the collection agency asking for proof.

And therein lies your error. If you will READ the thread... there is nothing to indicate that a 'collection agency' is even involved. Far more than likely, the judgment is shown on the credit profile as a result of the judgment creditor reporting it, or even more likely, automatically submitted to the CRA by the court or the CRA's 'stringer'.

By law, the collection agency must provide proof within 30 days, or the "ding" will be removed from your credit report - and it cannot by law be placed back.

Correct.... but it is VERY likely that the judgment will be verified. After all, its 'existence' is public record.

I have successfully done this for many people...even for people with valid negative claims against them.

Then you need to learn what the REAL facts and laws are before you continue 'servicing' folks.

 

[BL]

Another option here would be to simply challenge the "ding" with the credit reporting agencies.

All you need to do is purchase (individually, not a 3-in-1 report) a report from all three reporting agencies. Immediatley challenge the "ding" as not belonging to you. The agencies will investigate by sending a letter to the collection agency asking for proof. By law, the collection agency must provide proof within 30 days, or the "ding" will be removed from your credit report - and it cannot by law be placed back.

I have successfully done this for many people...even for people with valid negative claims against them.

You have a right to request a returned copy from the CRA's of the verification Form they send the creditor,to examine it. If there is any Wrong information on the Verification Of Debt Form, you can also challenge ( dispute ) that with the CRA's. If the creditor doesn't return the form you can demand that report removed from your file .
With False entries submitted on that form buy a creditor , also give you the right to demand that report be removed from the CRA's File on you .

Contact the FTC for copies of the FDCPA and the FDRA . The last one is the Fair Debt Reporting Act.

 

[nicolia]

Incorrect

Come on JETX...you're a smart guy...assinine remarks don't do you justice. I know exactly what the REAL laws are and have "serviced" many people to their great satisfaction. Many of the people I have helped were not able to buy a house due to credit problems. After I worked their reports, they had great credit. Why? Because I KNOW the REAL laws...the real world laws...

The collection agency was most likely the one who put the negative comment on the guys report. Why? Because they bought the debt from the court.

Let's even assume that I'm wrong there...and let's assume that the court was the one responsible for reporting the debt. My advise still has merit. The court would have to respond within 30 days. I'd wager that they don't respond...or don't respond in time. (And don't make yourself look foolish by trying to claim that the credit agencies will investigate the public record.) Even if they do respond, this tactic can be done multiple times.

 

[JETX]

You have a right to request a returned copy from the CRA's of the verification Form they send the creditor,to examine it. If there is any Wrong information on the Verification Of Debt Form, you can also challenge ( dispute ) that with the CRA's.

That is NOT correct. The CRA's obligation (per the FCRA) is only to make sure that the reporting agency validates the information that they provided to the CRA. The CRA has no obligation to go out and independently verify the information.... nor is there a requirement that it be done on a specific 'Verification of Debt' form.
I suggest you re-read the requirements shown in the FCRA, § 611 ('Procedure in case of disputed accuracy').

If the creditor doesn't return the form you can demand that report removed from your file .

And that is not correct either. If the reporting agency does not validate a debt, the CRA is required to remove the report. There is no further requirement by the creditor to make a demand.
You will see that when you read the FCRA section referenced above.

With False entries submitted on that form buy a creditor , also give you the right to demand that report be removed from the CRA's File on you .

Again wrong. See above.

Contact the FTC for copies of the FDCPA and the FDRA . The last one is the Fair Debt Reporting Act.

ROTFLMAO!!!! First, the FDCPA has absolutely NOTHING to do with this thread. It applies ONLY to 3rd party debt collectors.... this thread is dealing with a judgment, very likely reported by the creditor or the court.
Second, there is no such thing as the FDRA or Fair Debt Reporting Act!!! I hope you mean the FCRA (Fair CREDIT Reporting Act)!!!

I believe this post holds the record for wrong information!!

 

[HomeGuru]

Come on JETX...you're a smart guy.

**A: yes, I totally agree. And you nicolia are an idiot.

 

[nicolia]

Nice to hear from you

Ah HomeGuru...it's nice to hear from you.

Glad you haven't changed...still yelling at people and insulting them to bump up your lagging ego.

At least I have shown this person a way to clean their credit report and possibly lower their interest rate. You however have continued to play the fool and verbally juggle balls for our enjoyment. Thank you.

 

[BL]

That is NOT correct. The CRA's obligation (per the FCRA) is only to make sure that the reporting agency validates the information that they provided to the CRA. The CRA has no obligation to go out and independently verify the information.... nor is there a requirement that it be done on a specific 'Verification of Debt' form.
I suggest you re-read the requirements shown in the FCRA, § 611 ('Procedure in case of disputed accuracy').


And that is not correct either. If the reporting agency does not validate a debt, the CRA is required to remove the report. There is no further requirement by the creditor to make a demand.
You will see that when you read the FCRA section referenced above.


Again wrong. See above.


ROTFLMAO!!!! First, the FDCPA has absolutely NOTHING to do with this thread. It applies ONLY to 3rd party debt collectors.... this thread is dealing with a judgment, very likely reported by the creditor or the court.
Second, there is no such thing as the FDRA or Fair Debt Reporting Act!!! I hope you mean the FCRA (Fair CREDIT Reporting Act)!!!

I believe this post holds the record for wrong information!!

Ok FCRA , I admit my mistake .

The CRA has no obligation to go out and independently verify the information.... nor is there a requirement that it be done on a specific 'Verification of Debt' form. [ quote ]

The CRAs validate a disputed report by sending the creditor ( at least in my cases ) , a form to fill out ( call it what you like ) to validate the debt. The consumer ( as I did ) has a right to a copy of that form that the creditor filled out.
I did not say that the CrAs had to independently verify the information.
As I did, I compared the information the creditor provided the CRAs on that Form to my own records from the creditor(s), and disputed the discrepancies and False Statement by the Creditor On the Form with Copies of Proofs , otherwise, thus the CRAs had no choice but to remove those reports from my files.

Lastly, while your technically correct in that if if one is successful on the dispute, the CRAs MUST remove the report,and the consumer does not have to make a Demand, It does not ALWAYS get automatically removed ( as in some of my cases ), therefor a Demand is necessary.

I have also had reports removed, where the creditor went in the back door and re submitted the same exact Debt , and the CRA posted it. Therefor Both were illegal, that I as a Consumer had to stay on top of, and see it through .

 

[JETX]

I know exactly what the REAL laws are and have "serviced" many people to their great satisfaction. Many of the people I have helped were not able to buy a house due to credit problems. After I worked their reports, they had great credit. Why? Because I KNOW the REAL laws...the real world laws...

Do you, or do you just THINK you do?? IF you really knew the credit laws, you would REALIZE that a judgment is not a normal 'debt' and the process of 'creditor validation', etc. simply doesn't apply to it. Judgments are public records and they are VERY simple to validate. I report mine to Equifax and they won't accept a judgment submission without a copy of the judgment itself.

The collection agency was most likely the one who put the negative comment on the guys report. Why? Because they bought the debt from the court.

Again, you are showing your ignorance.
First, it would be VERY uncommon for a 'collection agency' to purchase a judgment. They are either pursued by the OJC (Original Judgment Creditor) or purchased a 'Judgment Enforcement' agency. Once purchased, the Judgment Enforcement agency becomes the OWNER of the judgment.
Finally, your statement of "they bought the debt from the court" is absolutely inane. The court never OWNS the judgment.... and has no 'rights' to sell it.

Let's even assume that I'm wrong there...and let's assume that the court was the one responsible for reporting the debt. My advise still has merit. The court would have to respond within 30 days. I'd wager that they don't respond...or don't respond in time. (And don't make yourself look foolish by trying to claim that the credit agencies will investigate the public record.) Even if they do respond, this tactic can be done multiple times.

Your post is so ignorant, it is almost beyond my trying to educate you on the LEGAL facts. Judgments are not like ANY other reported debt. When submitting a judgment report to the CRA's (and I have submitted 1000's!!), we are required to submit a COPY of the judgment with the submission and I don't know of any CRA's who will accept a submission without one. The only issue that a debtor can 'dispute' with the CRA as to the judgment is whether it is satisfied (paid) or not.

 

[BL]

And correctly so, once there has been a court Order, and the creditor files it with the clerk's Office as I also did, then any lender , including the CRAs , can and do rely on the report .