Judgement Advice Options

[04Goat04]

When I married my wife had a medical judgement for ~6000 on her CR. Well last year with it still being unpaid it came off of her CR. It is apparently a judgment from 13 years ago. We know little info on it but they are still calling. How should we approach this? It no longer affects her credit so is it worth it to offer a payoff? She also claims she had insurance when it occurred so I'm unsure how it could be that expensive. Thanks for the help.

[Googie]

[Why Chat]

When I married my wife had a medical judgement for ~6000 on her CR. Well last year with it still being unpaid it came off of her CR. It is apparently a judgment from 13 years ago. We know little info on it but they are still calling. How should we approach this? It no longer affects her credit so is it worth it to offer a payoff? She also claims she had insurance when it occurred so I'm unsure how it could be that expensive. Thanks for the help.

Opt out ( on both your reports)
http://whychat.5u.com/OPTOUTINST.HTML

Delete old addresses if you have moved, ( if possible)

The judgment is likely no longer valid or enforceable, depending on your State, even if it were enforceable it would only be possible if the original creditor who sued her enforces it or a filed assignment is on record.

It is also possible that an actual judgment was never recorded.
http://whychat.5u.com/deletejudg.html

Any offer of of a "pay off" is likely to cause more trouble than it could possibly avoid. You are probably being dunned by a "garbage" CA
who has no actual right of collection on either the "judgment" or any balance that may have been due.

Do not dispute it until you have posted ON THIS THREAD the name of your State of residence and the name of the State ( if different) where the judgment was filed.

[04Goat04]

The state is Nebraska. Would any of the stuff you mentioned run the risk of getting it put back on her report. Thanks again.

[Why Chat]

The state is Nebraska. Would any of the stuff you mentioned run the risk of getting it put back on her report. Thanks again.

Nebraska has a 5 Year SOL for judgments- renewable every 5 years;
Domestic Judgment: 5 renewable every 5

This means that IF there ever was an actual recorded judgment that it became void 9 years ago unless it had been renewed, ( which I doubt as it probably wasn't a "real" judgment anyway.)

No, it can not go back on her credit reports, as even IF there were a real recorded judgment it was obsolete ( couldn't be reported) after the first 7 years.

You say the CA is still communicating with her?? If so send them this;

Use this IN ITS ENTIRETY. DO NOT call them .
Use this letter to stop their collection activities. Keep a copy for your files, send the letter certified mail, return receipt requested.

Your Name

123 Your Street Address

Your City, ST 01234

ABC Collections

123 NotOnYourLife Ave

Chicago, IL

Date: _________ CRRR#____________

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to your attached letter.
(If you have nothing in writing use the phrase "recent communication)

This is not a refusal to pay, but a notice that your claim is disputed.

Under the Fair Debt Collections Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation which is binding on me to pay this debt.

Please attach copies of:

Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment. and authorization under subtitle D of the ARRA ,SEC. 13401. APPLICATION OF SECURITY PROVISIONS AND PENALTIES TO BUSINESS ASSOCIATES OF COVERED ENTITIES;and SEC. 13407(1) BREACH OF SECURITY.—The term ‘‘breach of security’’ means, with respect to unsecured PHR identifiable health information of an individual in a personal health record, acquisition of such information without the authorization of the individual. Please note that the effective date for enforcement of penalties against you is February 17, 2009.

Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor and as this is a medical account a copy of any HIPAA authorization.


Agreement with your client that grants you the authority to collect on this alleged debt,or proof of acquisition by purchase or assignment.

Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities.

Your receipt of this letter will be considered as having granted consent to the taping of any and all telephone calls to me at my home or business by you or your agents or assigns

I require compliance with the terms and conditions of this letter within 30 days. or a complete withdrawal, in writing, of any claim.

In the event of noncompliance, I reserve the right to file charges and/or complaints with appropriate County, State & Federal authorities ,the BBB and the OCR for violations of the FDCPA, FCRA, HIPAA and Federal and State statutes on fraudulent extortion .

I also hereby reserve my right to take private civil action against you to recover damages.

Sincerely,

Your Name(PRINT OR TYPE DO NOT SIGN)

[04Goat04]

Thanks once again. Couple comments though. My wife did already speak to them and of course they tried to get to pay over the phone and tried to say she admitted it was legit, which denied. One issue is with the letter, we know the name of the company but they refuse to send us ANY information, we have no account number or anything. How do I go about it without any information?

[Why Chat]

Thanks once again. Couple comments though. My wife did already speak to them and of course they tried to get to pay over the phone and tried to say she admitted it was legit, which denied. One issue is with the letter, we know the name of the company but they refuse to send us ANY information, we have no account number or anything. How do I go about it without any information?

If you have a letter from them, send the letter I posted to them at that address.( CMRR)
If you have no written correspondence ( which is illegal) then try this.

If they call again, say this: Please speak clearly as this call is being recorded, please give me your name and the name and address of your Company ,request any further communication in writing.

A legitimate CA with a real claim would not request a "pay by phone" they are garbage illegal CA's and you have nothing to worry about.
If you want to make SURE there is nothing ON RECORD against your wife, then go to GOOGLE and search for the public records this way:

County State Recorded Instruments

Use the name of the County that you believe your wife was "sued" in.

This post has been edited by Why Chat: Jul 21 2009, 03:07 PM

[04Goat04]

I will do as instructed. Thank you again, you have been most helpful.

[04Goat04]

Update and need some more help. I was incorrect with my information the first time. Let me start from the beginning.

My wife had a judgment on her CR from 2000 with Credit Acceptance Corp. This has since come off of her credit report.

She received a call at work a few months ago from Merchant Credit Adjusters. They would not tell her anything, only that it was a judgment from medical bills and she needed to pay it.

I have NO information on this account. I know that it is old because it is under my wife's previous last name and we have been married for 7 years. Checked her CR again today and nothing negative is on it.

Now today we get a card on our door from the county Sheriff. We still need to pick it up from them. I looked online and it is a Motion to Revive from Merchant Credit Adjusters.

I am really confused. Could this be the same Judgment just sold to another collector? What will happen if it is Revived? What should we take to court? Should I try to contact them and get more information or will that be included with the paperwork?

I will also note her name is spelled wrong on the paperwork.

Thanks

This post has been edited by 04Goat04: Nov 6 2009, 07:49 PM

[Why Chat]

Update and need some more help. I was incorrect with my information the first time. Let me start from the beginning.

My wife had a judgment on her CR from 2000 with Credit Acceptance Corp. This has since come off of her credit report.

She received a call at work a few months ago from Merchant Credit Adjusters. They would not tell her anything, only that it was a judgment from medical bills and she needed to pay it.

I have NO information on this account. I know that it is old because it is under my wife's previous last name and we have been married for 7 years. Checked her CR again today and nothing negative is on it.

Now today we get a card on our door from the county Sheriff. We still need to pick it up from them. I looked online and it is a Motion to Revive from Merchant Credit Adjusters.

I am really confused. Could this be the same Judgment just sold to another collector? What will happen if it is Revived? What should we take to court? Should I try to contact them and get more information or will that be included with the paperwork?

Thanks

You need to be proactive with this scam.

First you need to get a copy of the recorded judgment.
Next you need to tell us what State you are in, and IF the judgment was recorded in the same State.

I suggest you ask the mods to move this to the "Help I've Been Served Forum" as you will need to take some legal steps to protect your interest.

IF, a recorded assignment of the VIABLE ( still within the SOL for judgments for your State) was recorded from the original judgment holder, then the new judgment holder COULD obtain a revival of the judgment which could then be enforced against your wife.

[04Goat04]

I am in Nebraska (20yr SOL). If it is the same judgment that was on her credit report then it was also filed in Nebraska. Thanks again why chat

I will also note the only judgment on her CR was filed in Douglas County this new one is in Sarpy.

This post has been edited by 04Goat04: Nov 6 2009, 08:09 PM

[Why Chat]

I am in Nebraska (20yr SOL). If it is the same judgment that was on her credit report then it was also filed in Nebraska. Thanks again why chat

I will also note the only judgment on her CR was filed in Douglas County this new one is in Sarpy.

You are mistaken, it is UP TO 20 years;
NEBRASKA


Domestic Judgment: 5 renewable every 5

Foreign Judgment: 5 non-renewable


If the original judgment was recorded over 7 years ago and was not renewed within the first 5 years then this CA has illegally entered a false judgment against her. Get a lawyer to defend her and to file a countersuit against the CA, look on my website for links to consumer lawyers.

[04Goat04]

Will I be able to obtain all the information from the court house? As in if they ever renewed it.

[Why Chat]

Will I be able to obtain all the information from the court house? As in if they ever renewed it.

You should be able to access the records on line- go to ;
http://publicrecords.onlinesearches.com/NE_Douglas.htm

This post has been edited by Why Chat: Nov 7 2009, 08:14 AM

[04Goat04]

My new post is here.

http://creditboards.com/forums/index.php?showtopic=416225