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  1. #1
    Join Date
    Jan 2015
    Posts
    1

    Default Unable to Obtain Satisfaction of Payment

    My question involves judgment recovery in the State of: Massachusetts

    Facts:
    Attorney for credit card company filed judgement in 2012.
    As a single mother, my income was limited to Social Security Survivor benefits and employment income which was just enough to cover cost of living and child care so, I was unable to pay.
    Sheriff served my employer and me notification of wage garnishment via a co-worker who was working at the time of delivery.
    Afraid of losing a penny from my paycheck, I paid the judgement that day by having my commissions advanced to me by my employer rather than paid monthly as usual.
    For payment that day, it was agreed that the judgement would be removed from my credit report (I do not have that in writing).
    It only came to my attention about 6 months ago after applying for a home loan that the judgement was still reporting- and as unpaid.
    I have called, emailed and sent a letter to the attorney who filed the judgement, emailed the President of American Alliance of Creditor Attorneys, Inc (Plaintiff affiliation) who forwarded my information to the Plaintiff attorney, and a court clerk has left two messages at the attorney's office- he has not responded.
    I do not have a receipt of payment (ugh...), BUT, the original credit account is reporting as paid (however, my payment history with Experian shows the account was charged off just last month- I paid early 2013- although the status shows "paid, $6,986 written off"...the credit card company doesn't seem to think any of that matters since it IS showing "paid"- ugh, again).

    Problems as a result:
    I can't refinance my 14% interest rate car loan and my payments are astronomical.
    I can't obtain a home loan and rent payments are greater than mortgage payments.
    I'm completely stuck in a financial rut- I've just recently had to start collecting food benefits.

    Questions:
    Months of credit disputes, unanswered contact attempts, numerous customer "service" failures and searching online for direction, has ended me here to hopefully learn what else I can do to find help with getting my credit reports to reflect correct information?
    Do I have any legal "rights"?

    I REALLY appreciate any advice given- thank you.....!!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Unable to Obtain Satisfaction of Payment

    Others will add to this I'm sure, but the term "charge-off" is an accounting term. It doesn't mean you don't still owe the debt.

  3. #3
    Join Date
    Jan 2015
    Location
    Bedford, Texas
    Posts
    109

    Default Re: Unable to Obtain Satisfaction of Payment

    You have some problems with what you don't have in writing but you already know that. You do have some kind of record showing you paid the debt though, right? A check copy or record on a bank statement showing a payment in the amount of the judgment? If so, I would suggest sending letters to each of the credit agencies with copies of the statement or check and a copy of the judgment and ask them to use that information to at least update the credit report to show the account was paid and that there was an agreement that you would pay in exchange for removing the negative report. The credit agencies may not remove the report but at least they can update the record.

    It may be the case that the judgment is for less than what the creditor believed you owed so although the debt was partially satisfied by paying the judgment the creditor may have written off part of the debt.

  4. #4
    Join Date
    Dec 2013
    Posts
    117

    Default Re: Unable to Obtain Satisfaction of Payment

    Quote Quoting annaw126
    View Post
    Attorney for credit card company filed judgement in 2012.

    For payment that day, it was agreed that the judgement would be removed from my credit report (I do not have that in writing).
    It only came to my attention about 6 months ago after applying for a home loan that the judgement was still reporting- and as unpaid.

    I do not have a receipt of payment (ugh...), BUT, the original credit account is reporting as paid (however, my payment history with Experian shows the account was charged off just last month- I paid early 2013- although the status shows "paid, $6,986 written off"...the credit card company doesn't seem to think any of that matters since it IS showing "paid"- ugh, again).

    Questions:
    Months of credit disputes, unanswered contact attempts, numerous customer "service" failures and searching online for direction, has ended me here to hopefully learn what else I can do to find help with getting my credit reports to reflect correct information?
    Do I have any legal "rights"?
    OK. Here goes. Multiple issues.

    The plaintiff who sued you cannot report the judgment that they got against you to your credit report, nor can they remove the judgment that they got against you from your credit report. Credit reporting agencies do not get their judgment information from the plaintiff who holds the judgment (unless credit card companies are different from all other plaintiff's who hold judgments).

    This single bad debt could be reported two separate places on your credit report. First under the credit card account section (where you seem to indicate that it is showing as "paid"), and second under the judgment section (where you seem to indicate that it is showing as "unpaid").

    First you need to find out from the court clerk if the case has been closed (did they file some kind of satisfaction of the judgment). If so, then you need to obtain documentation from the court docket to that effect and you need to write the 3 main credit reporting agencies and provide them with the information showing that the judgment was satisfied.

    Finally, even if you paid the judgment and it was satisfied, that doesn't mean that your credit score will be sufficient for you to get a loan.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Unable to Obtain Satisfaction of Payment

    If you are on food stamps, I suggest you forgo a car loan and home loan. Buy what you can afford. Wanting more than you can afford is what put you here in the first place and you are setting yourself up in a house of cards that is going to tumble again.

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