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  1. #1
    Join Date
    Dec 2007
    Posts
    6

    Default Clearing a Judgment

    I'm trying to get a mortgage, but I have a judgement on my record.

    Debt was originally 2500 or so back in 2001, but with interest and all the bogus charges, the judgement turned into around 6500. (Great Seneca/Providian, so that should tell you something).

    While i lived in seattle, the judgement was garnished from my paychecks, a little more than 1200 per month. I moved out of seattle to texas a few months after they started garnishing, due to job relocation.

    In total I paid, by garnishment, 3600 or so. Great Seneca/Palisades Collection says I owe them 6500 still. I am trying to get the judgement cleared so i can close on my mortgage. Palisades Collection says they have no record of payment, but it was garnished so it's not like I'm making it up. They're RESEARCHING but say it will be a full week for them to check the records.

    I've been battling this for a month now with we'll call you back, there's a hold on the account, we aren't willing to negotiate, pay us now, etc. etc.

    I'm willing, as much as I hate to, to pay the remaining amount due just so i can get this settled, but I really feel like they're trying to milk me for the full 6500 even though i've paid more than half already.

    Any general guidance?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: Clearing a Judgement

    Dig up your own records of payment.

  3. #3
    Join Date
    Dec 2007
    Posts
    6

    Default Re: Clearing a Judgement

    thanks aaron. I have my paycheck stubs which show the payments, so I'll forward those to them.

    thanks

  4. #4
    Join Date
    Dec 2007
    Posts
    6

    Default Re: Clearing a Judgment

    last week I posed the question above and got great advice on sending in proof of payment.

    I sent in proof of payment, from my paycheck stub showing the garnishment. I also got proof of payment from Bishop white and marshall, the lawfirm who had placed the garnish against me in seattle.

    bishop white and marshall says the case is closed with them and they referred me back to palisades (this is who i sent proof of payment to). Palisades says they have to verify payment with WOlpoff and abramson.

    wolpoff and abramson say i have to contact bishop white and marshall to verify payment. For weeks now I've been playing their games and being really nice about it, hoping that would help things along

    My new question - since no one will take payment and no one will accept ownership for the judgment is it possible to file a motion to dismiss (if that's even a valid term in this case) the judgment?

    I no longer live in seattle where the judgment was granted, so I'm really needing help.

    I'd rather pay the $3,000 to a lawyer to settle this matter than to pay these collection clowns who are just playing games with my credit and my time. But also can't seem to locate a lawyer who would handle this type of issue.

    Any thoughts?

  5. #5
    Join Date
    Jan 2006
    Posts
    27,782

    Default Re: Clearing a Judgment

    so, on the court records, who is listed as the owner of the judgement?

    btw: you seem to forget the interest that would have acrued from when you stopped paying until current accounting. We are talking about 6 years ago. Have you actually calculated what the amount should be (with the added interest)?

    So, do you have the "case closed" in writing from the original owner of the judgement?

    Did you if the judgement was sold to another entity?

    If it was not sold, then they still hold the judgement so take your letter and file to vacate the judgement based upon their statement. they will have a chance to rebut and I will bet they will then figure out how much it will take to pay it off.
    actually it wouls not be vacating the judgement. You would want the courts to indicate it is satisfied

  6. #6
    Join Date
    Dec 2007
    Posts
    6

    Default Re: Clearing a Judgment

    JK - thanks for your reply -

    Bishop White and Marshall are listed as the owner of the judgment.

    i haven't forgotten the interest, i owe another $3500, but w/interest it's $4200, which they are charging 12% daily (even though they are delaying the payment). I'm willing to pay that, and the balance to clear this, if they would just stop playing games with me.

    So based on your comment, looks like I need to contact Bishop White and Marshall and request a letter stating they sold the judgment. I then need to ask the court to vacate the judgment based on that.

    Do i need an attorney in Seattle (where the judgment is) or in Austin, where I currently live to do this?

    If they rebut the request to vacate, which I'm sure someone will do, then this might force their hand to accept payment. I find it hard to believe there is no protection for people like me who are at the mercy of these collection agencies (predators). If they were calling me, they wouldn't give me the same courtesy I'm affording them, that's for sure.

  7. #7
    Join Date
    Jan 2006
    Posts
    27,782

    Default Re: Clearing a Judgment

    I made a correction but it slid by you. You are not looking to have the judgement vacated but to have it indicated as satisfied. Vacating the judgement would effectively make the original judgement null and void, which would be incorrect. You want the judgement to indicate it was satisfied therefore, recorded so it cannot come back to haunt you with an undefendable suit in the future.


    You will need to do this wherever the judgement was entered (Washington). As well, if the judgement was domesticted into Texas, that would also need to be treated the same.

    one thing I just want to be sure is clear:

    was the judgement actually ordered for Bishop et al or were they simply the representatives of some other entity. In other words, be sure you get everything signed off by the actual plaintiff of the suit that caused the judgement, not simply their reps. Companies can use different attorneys, collection agencies as time progresses but the judgement would stay with whomever the actual plaintiff was (unless sold to another party)

  8. #8
    Join Date
    Dec 2007
    Posts
    6

    Default Re: Clearing a Judgment

    so the saga never seems to end.

    I've provided every piece of evidence of payment. Bishop white and marshall have "sent" proof of wired payments to wolpoff & abramson back in July 07.

    I call w&a and they tell me they don't have proof. I call BW&M again and they say they talked to someone there, they gave me the name of Don Ryder. BW&M won't send me proof of what they sent to W&A because as she (Gail) said, I have to check with my lawyer to see if I can send you further proof.

    So i call w&A back and ask for Don Ryder. Oh, they say, Don doesn't talk on the phone and he left at 3:09 pm today. Ok, is there someone else who can help? No he says. What's your name sir, I ask. Derik Acevedo. He also adds, oh ma'am. Sometimes in life you get news you don't want to hear.

    I respond, yes, you do. Remember that when you get served with papers in the case I'm about to open against your company.

    Now i sit and wait for the seattle lawyer to call me back. I no longer want to pay this debt. now i want to file a suit against Bw&M, w&A and palisades.

    Is this cause for something bigger? A class action by chance? There seem to be enough people who have had to deal w/their tactics.

  9. #9
    Join Date
    Jan 2006
    Posts
    27,782

    Default Re: Clearing a Judgment

    class action? who knows. There is a lot of work just to figure out if a situation is capable of sustaining a class action suit. Your attorney would be the best person to ask about it.

    as to it being something bigger? Possible. Your attorney would be able to advise you better than somebody on the net.

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