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CBnewbie

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  1. Go to ANY attorney that is known to you to be trustworthy. Most likely he won't specialize in this kind of thing. But most likely he will know somebody who does specialize in it. When you get a name, get all of your information together in as neat and as time-saving a package as possible. Time is money for an attorney. Keep your story short and sweet. Tell him your concerns about collection. Tell him what your goals are. Tell him what you can afford to pay, and no more. He'll answer all your other questions. And he'll protect your information, assets and privacy as much as possible. All of the other general info from Whychat and others still holds true. Opt out, on your own. Dispute any old addresses (none in your case I gather). And dispute all inaccuracies, on your own. But the judgment is probably not going to be budged by those measures. And that appears to be the main thing you are concerned with.
  2. Remember this; the judgement amount is what it is, and this long after the fact, it will be just short of impossible to change it. And, there is usually "judgment interest" on the amount that continues to accrue and grow. Like interest on back taxes. But, it costs lots of money in legal fees, time and expenses to execute and collect on judgments. So there is value for the other side in your going to them and saying, "I'll make a deal with you." Again, if the amount and the timing and the complexity of the situation warrant it, you'd do well to get a lawyer to negotiate it for you.
  3. If you have the means to do so, it is possible to get an old judgment taken care of. You would have to approach the OC's attorney, and see if he will compromise the judgment amount in turn for a quick and easy payment from you. How much negotiating power you have is up to the circumstances of your case. You might not have much. The simple act of you approaching them may trigger their interest in the fact that perhaps you badly need credit improvement in a hurry. But what you would do essentially is to make an offer to settle the judgment in return for an order vacating the judgment. NOT a "satisfaction of judgment." The former says that there had been no valid judgment against you. The latter says that you paid off a valid judgment. At the same time, you'd want to negotiate a PFD with regard to any tradelines that the OC or any CA had initiated. (It is all really one and the same; once the order vacating the judgment is entered, there is nothing to base a tradeline on anyway...) I would think you'd do best if a lawyer helped you with these proposals. Depending on the rules of law practice where you reside, if a lawyer were "representing" you but had not filed an appearance in your case, he could communicate and negotiate with the OC without being forced to reveal where you are or what you own...
  4. CBnewbie

    another delete

    I presume that the judgment itself hasn't been satisfied, or set aside, vacated, or anything else. Could a new CA pick up the judgment and create a new tradeline? If, say, the judgment remained valid in your local court, and in your state judgments reamined enforceable for anywhere from six to 10 or 20 years, couldn't the judgment be relisted? Or not?
  5. If you are serious about a federal court lawsuit, particularly a trial, and most particularly a jury trial, I say this to you with respect and with a sincere desire to help you... You need a lawyer. A federal court jury trial without a lawyer is like surgery without a surgeon. By the way, it is the Federal Rules of Evidence, and not the Federal Rules of Civil Procedure, that provide the initial primary authority that controls evidence questions in a U.S. District Court. Then there are local court rules for whatever district you might be in. The best person to get an answer from would be someone who has been to law school, is licensed in your state, is admitted to practice in the District in question, and who has ten or twenty years of experience knowing the practices of the local district and most importantly the district judge in question. That person would be a lawyer. It will be particularly handy to have such a person with you, in trial, when an evidence question comes up during the trial and you don't have time to go home and spend 20 or 30 hours on the internet looking it up. Sorry to be so emphatic about this, but I'm telling you for your own good. An inexperienced layman has almost no chance in court (or in a jury trial, to be more precise) versus an experienced lawyer. The only thing worse than having the 'most expensive' lawyer in a trial, is having the 'second-best' lawyer.
  6. Good answers. I appreciate the info. Thanks.
  7. So, back to you, DiggingOut... I am not sure about the "longer reporting window" that you mentioned. Not saying you are wrong, just asking for more info...
  8. Do those things (judgments, say) really have a longer "reporting window", or just a longer life, say in terms of collectibility/s.o.l./renewability? I had thought that seven years was it - finito - for practically everything, particularly including judgments. [Different states have different rules for state judgments. They are enforceable for varying periods of time; six to twenty years is the approximate range. Some places allow them to be "renewed" for an additional period of time. But that is all about enforcement, not reporting...]
  9. All good questions, and I do not know the answers to be honest. What I was particularly interested in is whether the PayPal card, for instance, was something that could be linked to a PayPal account for easy usage, or whether the ebay card had any particular significance for ebay purchases. As far as I know, they are just "branded" credit cards, ordinary in all other respects, and don't help you out within PayPal or ebay any more than a "Save the Baby Seals" Visa card or a "NASCAR" MasterCard. The limits wouldn't bother me in any case because I sort of like the idea of a card with low limits for using in connection with low-dollar internet purchases. I have other cards with good limits for my purposes. All comments appreciated. Any others?
  10. I got mailed preapproved applications for a "PayPal Visa" and an "ebay MasterCard". Anybody know anything about these offereings? Any particular value or advantage to them? I do buy things occasionally on ebay, and I would like to have a safe, secure, reliable way to use PayPal when and if I need to. I am not sure that either of these cards do anything specifically to help in the use of either ebay or PayPal... Any comments or suggestions?
  11. CBnewbie

    USBank

    I'd like to get a rewards card through USBank. It's not my favorite institution, but I had a card with them previously that was canceled with zero balance due some years ago, and I'd like to get another one with them. Fakos in the 550-575 range. Plenty of money to open a new savings account with them, if necessary. Rather not fool around with a secured card, but whatever it takes. Just want to start getting rewards, and need another card anyway. So, any tips/advice on how to get what I want? Should I open a savings account first, and then apply? Would that even do any good?
  12. Wait, I'm confused. If there is a judgment, then that means your nice guy dentist sued you. He probably couldn't locate you to serve you, and got the court's approval to serve you by publication or something like that. If the debt is not a valid one, and/or if the dentist's lawyer didn't get proper service on you, you can and probably should contest the entry of the judgment. If you can. Doesn't sound like that's the case. But if the debt and the judgment are valid, and it sounds like you think it all might be valid, you could go to the nice guy dentist, settle with him, and get a stipulated order to vacate the judgment. There may be a CA involved. The chances of that are good, since pryan is right; it requires activity on somebody's part to get a public record reported on your CR's. But I think you sent payment a little too quick. You need to condition your payment on an order vacating the judgment. Otherwise, all that gets reported is a judgment, and a satisfaction of that judgment, and neither one helps your credit. I'm not disputing pryan's advice as to how you might handle this strictly for purposes of credit reporting. But again, if accurate reporting for you would include a judgment, and them satisfaction of that judgment, you won't be making any credit progress...
  13. I think Whychat is correct in the above responses. Let's review. First, to the extent that this judgment was properly obtained in the first place, it remians a valid judgment. Second, judgment creditors do different things with judgments. They may file liens, they may "record" the judgment for UCC purposes, they may take other garnishment or collection actions on the judgment. Any of those things, or all, or none of them. Your situation looks like a "recording" issue; something they have done with the judgment after it was obtained. As long as the judgment remains valid, is not reversed or vacated or anything else, collection activity might be taken on it. But how that judgment gets reported to and by the CRA's is another matter altogether. Whychat is right about the CRA reporting issues for the reasons stated; it looks like incorrect information. I have no comment on whether it could get reported again, correctly, if you succeed now in getting it off your CR's because there is some component of incorrect information in there at present. But do know this -- following Whychat's good and valuable advice on CRA disputes is not going to kill this judgment, although it might get it off your CR's.
  14. I agree with flacorps -- the distinction between the validity of a judgment and the validity of a lien is important and I think flacorps has stated it well. Whychat, you know your stuff, but I think you are overstating the case when you say this provision of Florida law makes "judgments" invalid; it only makes liens invalid...
  15. I'd never disagree with pryan about dealing with CRA's and CA's, and it never hurts to send anything via CMRRR. But in this case, correspondence to an attorney seeking a deal that will ultimately be by way of mutual agreement in any event, I honestly don't think that it is necessary. pryan is right to question whether the judgment is valid; sounds like you are satisfied in that regard. Just remember that you will have to negotiate an order to VACATE the old judgment. As a public record, a "satisfaction" of the judgment will not be enough. You need to vacate it.

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