The best way to pay off a judgment in Kansas

[AmarieNorton]

What is the name of your state? KANSAS

I have a judgment against me for a hospital bill that I need to pay. I’m paying it in full on 04/28/06. What is the best way to go about this?

Ideally, I would like this removed from my CR (before the 7 years is up). Should I contact the attorney and let them know that I will pay in full if he puts a favorable notation on my CR, or do I contact the hospital to do that? Or, do I even have a leg to stand on? I will probably pay by check to ensure that I have proof that I paid.

Any ideas/suggestions are welcome. Thanks.

 

[seniorjudge]

What is the name of your state? KANSAS

I have a judgment against me for a hospital bill that I need to pay. I’m paying it in full on 04/28/06. What is the best way to go about this?

Ideally, I would like this removed from my CR (before the 7 years is up). Should I contact the attorney and let them know that I will pay in full if he puts a favorable notation on my CR, or do I contact the hospital to do that? Or, do I even have a leg to stand on? I will probably pay by check to ensure that I have proof that I paid.

Any ideas/suggestions are welcome. Thanks.

Pay with a certified check (so it can be traced, if necessary).

If you want the creditor to do something for you in exchange for paying your bill, ask them. It never hurts to negotiate.

 

[AmarieNorton]

If you want the creditor to do something for you in exchange for paying your bill, ask them. It never hurts to negotiate.

....so should I bypass the attorney and go straight to the creditor (which in this case is the hospital) and tell them that I will pay in full in exchange for them taking this off my CR before 7 years? Is it that easy?

 

[Chien]

No. The attorney will have to do it.

For the sake of brevity, review this thread and then post, if you have further questions:
https://forum.freeadvice.com/showthread.php?t=314294

 

[Chien]

If you just pay, without doing the rest, the attorney will have to show the judgment as satisfied or paid. It will change the tradeline to that and that MAY drop off faster, but it won't remove it entirely, as the other procedure will.

 

[AmarieNorton]

No. The attorney will have to do it.

For the sake of brevity, review this thread and then post, if you have further questions:
https://forum.freeadvice.com/showthread.php?t=314294

Thanks for the link! Let me make sure I'm following:

So what you're saying is that I should pay the attorney as I had planned on the 28th then ask the attorney to "Vacate the judgement/Dismiss the complaint with prejudice"? Wouldn't I have more "power" if I asked to vacate/dismiss before I pay?

 

[Chien]

Paying is the inducement to do the other. Offer to make full payment and ask for the "favor" of doing the other in trade. One hand giveth and the other taketh.

Nobody is going to vacate and dismiss without having the money. They lose all power. I'm sure that you have no intention but, what if the attorney vacated and dismissed with prejudice and then you changed your mind? The judgment is lost and the attorney is legally prohibited from even re-filing.

Excellent planning, if you want to be sued by your client for malpractice. No, it won't happen that way.

 

[AmarieNorton]

Thank you Chien for being so helpful!

I've read that I should get any "agreements" w/ the attorney or collection agencies in writing. With that in mind I was wondering if you have any suggestions on how to word a letter to the attorney. I was thinking something like this:

Dear Mr. Powerful Attorney;

My name is blah blah blah and my case number is blah blah blah. I know that I owe you $XXX.XX for a bill from blah blah blah hospital. I am prepared to pay this amount in full. In exchange, I'm asking if you're willing to vacate the judgment and persuade the courts to dismiss the compliant with prejudice. If so, I will pay the full amount within 2 business days of receiving your response. Also, I am willing to pay you any courts costs in advance associated with getting the complaint dismissed with prejudice.

Please respond by within 7 business days. I look forward to coming to an amicable resolution.

Thank you,

My name

Is there something else that I should/shouldn't include? Just between us, I'm willing to pay the debt in full by apr 28th even if they don't accept my offer but it's worth a try if it'll help me clean up my report in the future.

 

[seniorjudge]

Thank you Chien for being so helpful!

I've read that I should get any "agreements" w/ the attorney or collection agencies in writing. With that in mind I was wondering if you have any suggestions on how to word a letter to the attorney. I was thinking something like this:

Dear Mr. Powerful Attorney;

My name is blah blah blah and my case number is blah blah blah. I know that I owe you $XXX.XX for a bill from blah blah blah hospital. I am prepared to pay this amount in full. In exchange, I'm asking if you're willing to vacate the judgment and persuade the courts to dismiss the compliant with prejudice. If so, I will pay the full amount within 2 business days of receiving your response. Also, I am willing to pay you any courts costs in advance associated with getting the complaint dismissed with prejudice.

Please respond by within 7 business days. I look forward to coming to an amicable resolution.

Thank you,

My name

Is there something else that I should/shouldn't include? Just between us, I'm willing to pay the debt in full by apr 28th even if they don't accept my offer but it's worth a try if it'll help me clean up my report in the future.

A couple of nits:

I am prepared to pay this amount in full.


should be


Here is a photocopy of the certified check made payable to you and your client.



Also, I am willing to pay you any courts costs in advance associated with getting the complaint dismissed with prejudice.

should be

Also, I am willing to pay you any courts costs in advance associated with getting the judgment satisfied and then vacated.


(There is no complaint to dismiss now....)

 

[AmarieNorton]

Thank You!!!!

Here is a photocopy of the certified check made payable to you and your client.

BRILLIANT! Seems like an empty promise w/o a certified check. This'll show that I'm really serious and that I have the funds NOW.

Also, I am willing to pay you any courts costs in advance associated with getting the judgment satisfied and then vacated.

Another good suggestion!!! Since I'm not a legal person, sometimes I forget that I need to be specific about the desired "agreement".

Thank you so much for your suggestions.

 

[Ladynred]

Chien, I wasn't aware that you could vacate a PAID judgment.

 

[Chien]

The proposal refers to vacating the judgment in return for full payment (unless I missed something central to this thread), and that you can do.

 

[AmarieNorton]

Thanks everyone!!!

I'll keep everyone posted on what happens. I'm going to get the certified check and send the attorney the letter next week.