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Old 05-11-2018, 07:10 PM
 
4 posts, read 3,650 times
Reputation: 14

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The $30K is for court, lawyer, and interest fees charged from the date the judgment was issued in 1998. The Florida lawyer did try to negotiate and they stated that they will only accept $22,500 paid within 2 weeks. Problem is I do not have that kind of money laying around. Everything I had went towards my down payment. I do not dispute owing the $6K. Had I known of the judgment, I would not have ignored it. In the 20 somewhat years since the car situation, I have not been late on any bills nor defaulted on any loans. I am also worried about my credit. Can anyone tell me if this judgement will now appear on my credit report. I am going to take the advise posted here and try to negotiate with them before trying to come up with money to pay another lawyer. Just really afraid right now. I am on a very tight budget and do not want to jeopardize my mortgage. I am still trying to wrap my head around this nightmare. For 20 years the debt collector/lawyer did not contact me even though they had my address in New York. From the court documents I was able to view online, the case was eligible for destruction in 2003 and they reopened it in 2013. I do not see anything else in the system after that date. Thank you to everyone who replied. I am really glad that I came upon this site during my research. I apologize for this long message but I am just not in a good space right now. Any tips on negotiating strategies will be helpful and suggestions on next steps if they refuse to budge. Does the law allow for debt collectors to let a judgment lie dormant, accumulating interest at $1000 a year without making any effort to collect. This makes no sense.
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Old 05-12-2018, 04:48 AM
 
Location: Raleigh NC
5,284 posts, read 4,567,451 times
Reputation: 13277
Quote:
Originally Posted by emm74 View Post
Personally, I'd try to negotiate the debt, get a full release and be done with it. If you pay attorney fees, you could end up losing and still ending up having to pay anyway, on top of the attorney fees. Many times, they will settle these old dog cases for a pretty small percentage.
Let's be real...you didn't know about the judgement. That's not an excuse for not paying your debt. You could spend a lot of time and money trying to prove that or...

You could pay the money you owe. You had them pick up the car because you couldn't afford it, and you knew how much you owed. Did you assume you were no longer responsible for paying your debt? And so now you owe interest as well. You are concerned about your current financial situation which may indicate that you have a habit of overextending yourself. Having a mortgage is not an excuse for not paying past debts.

Will this hurt your credit score? This is exactly the situation that a credit score is for: to warn potential creditors that you don't take your debts seriously.
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Old 05-12-2018, 04:51 AM
 
64,675 posts, read 66,158,228 times
Reputation: 43102
Quote:
Originally Posted by Larry Caldwell View Post
A signature is not required, but the server is required to sign a sworn affidavit that the summons was served on the named individual. In some cases, service by certified mail is adequate.

I think the OP is expecting too much from the Florida attorney. He probably just wrote letters requesting documentation. Going back to court to challenge the judgment is a loser. It would cost more than the debt, and he would just lose again.

The advice to negotiate a settlement with the collection agency is good. Just make sure to get any settlement in writing before sending any money. The collection agency bought the debt from the bank for pennies on the dollar, so they have lots of room to negotiate. He actually owes the money, so the judgement is not going away. A consultation with an attorney familiar with NY law is a good idea.
here in nyc i always use a process server. that way even with out anyone ever being there that notice is deemed served once slipped under the door by the server ..
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Old 05-12-2018, 09:13 AM
 
Location: la la land
27,211 posts, read 11,367,475 times
Reputation: 19290
Quote:
Originally Posted by raso87 View Post
The $30K is for court, lawyer, and interest fees charged from the date the judgment was issued in 1998. The Florida lawyer did try to negotiate and they stated that they will only accept $22,500 paid within 2 weeks. Problem is I do not have that kind of money laying around. Everything I had went towards my down payment. I do not dispute owing the $6K. Had I known of the judgment, I would not have ignored it. In the 20 somewhat years since the car situation, I have not been late on any bills nor defaulted on any loans. I am also worried about my credit. Can anyone tell me if this judgement will now appear on my credit report. I am going to take the advise posted here and try to negotiate with them before trying to come up with money to pay another lawyer. Just really afraid right now. I am on a very tight budget and do not want to jeopardize my mortgage. I am still trying to wrap my head around this nightmare. For 20 years the debt collector/lawyer did not contact me even though they had my address in New York. From the court documents I was able to view online, the case was eligible for destruction in 2003 and they reopened it in 2013. I do not see anything else in the system after that date. Thank you to everyone who replied. I am really glad that I came upon this site during my research. I apologize for this long message but I am just not in a good space right now. Any tips on negotiating strategies will be helpful and suggestions on next steps if they refuse to budge. Does the law allow for debt collectors to let a judgment lie dormant, accumulating interest at $1000 a year without making any effort to collect. This makes no sense.
I'd call a different attorney, I found this:

"An unsatisfied judgment in the state of Florida will last for 20 years from the stamped date. If the judgment remains unsatisfied nearing the 20th year, it is advisable that you bring an “action on the judgment” in the same court in order to obtain a new judgment. This procedure will extend the judgment for another 20 years. At that point, you may be entitled to the new interest rate assigned for that year. Although your judgment is valid for twenty years, as stated above, it is only a lien on real property for ten years and then you must re-record for the lien to attach to the property for the one ten year renewable period that is allowed. There are different requirements as it relates to personal property which can be found in Florida Statute Section 55.204." https://shuffieldlowman.com/collecti...r-florida-law/

I don't know if the court requires them to serve you notice if they renewed the judgment but I'm sure an attorney could tell you
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Old 05-12-2018, 09:19 AM
 
Location: la la land
27,211 posts, read 11,367,475 times
Reputation: 19290
Quote:
Originally Posted by Stagemomma View Post
Let's be real...you didn't know about the judgement. That's not an excuse for not paying your debt. You could spend a lot of time and money trying to prove that or...
You could pay the money you owe. You had them pick up the car because you couldn't afford it, and you knew how much you owed. Did you assume you were no longer responsible for paying your debt? And so now you owe interest as well. You are concerned about your current financial situation which may indicate that you have a habit of overextending yourself. Having a mortgage is not an excuse for not paying past debts.

Will this hurt your credit score? This is exactly the situation that a credit score is for: to warn potential creditors that you don't take your debts seriously.
We have credit scores so that everyone will know we had a car repo'd 25 years ago? Give me a break.
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Old 05-12-2018, 09:46 AM
 
4,110 posts, read 1,720,652 times
Reputation: 11595
Quote:
Originally Posted by Stagemomma View Post
Let's be real...you didn't know about the judgement. That's not an excuse for not paying your debt. You could spend a lot of time and money trying to prove that or...

You could pay the money you owe. You had them pick up the car because you couldn't afford it, and you knew how much you owed. Did you assume you were no longer responsible for paying your debt? And so now you owe interest as well. You are concerned about your current financial situation which may indicate that you have a habit of overextending yourself. Having a mortgage is not an excuse for not paying past debts.

Will this hurt your credit score? This is exactly the situation that a credit score is for: to warn potential creditors that you don't take your debts seriously.
+1.

Even if most people don't like to hear it.
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Old 05-12-2018, 11:13 AM
 
4 posts, read 3,650 times
Reputation: 14
I truthfully did not know that I had a judgment against me. I was in communication with the bank and made arrangements to have the car picked up/ repossessed. I did not hide nor kept using the car after I realized I could not afford to keep it. Your assumption that I may have a habit of overextending myself is wrong. I made a mistake years ago, and have since always lived within my budget. I never stated that I was not willing to pay the $6k, just voiced concerns on the amount being sued for and how it will affect me financially. I also asked about my credit score because I have never had anything listed as negative on my credit reports and wanted to find out if a 20 yo judgment can be reported to the credit bureau. Believe me, I wish this had shown up on my credit reports years ago, I would have been able to do something about it then, and not let a $6K debt grow into a $30K debt. Will post an update once this is resolved.
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Old 05-12-2018, 02:45 PM
 
Location: North Phoenix/Moon Valley
974 posts, read 2,476,548 times
Reputation: 1289
Is the 6K the remaining balance you owed when you voluntarily returned the car to the bank? The bank is required to mitigate the debt owed by reselling the car and subtracting the amount they receive from the total balance of the debt you owed to them. Can you contact the bank and ask for proof of this? Also, as others have pointed out, were you considered served properly way back when (usually you can find this as a matter of public record online at the court website), and yes, the judgement can be renewed periodically, but does depend on the local laws where the debt was incurred. Also the judgement can be transfered to another state in order to place a lien on your property.

Read this:

https://jbmartinlaw.com/how-to-colle...s-state-lines/

Here is an excerpt:

"Under the U.S. Constitution, a judgment obtained in one state is to be given full faith and credit to a judgment obtained in another state. Taking that concept a step further, most states have adopted the UEFJA. The purpose of the UEFJA is to provide speedy and economical methods for creditors to enforce judgments in another state. Most, but not all, states have adopted the UEFJA is some form or another. When states have adopted the UEFJA, the UEFJA allows for a creditor to obtain an exemplified copy of the judgment from the original state and file it with the office of the Court in the new state. When it is filed in the new state, a judgment is entered in the new state, as if the judgment was originally obtained in the new state."

Also of interest to you:

https://www.creditsesame.com/blog/de...credit-report/

"Re-filed Judgments

Although judgments can only remain on credit reports for seven years from the filing date, it doesn’t mean they’re simply going to go away at that time. In most jurisdictions a judgment creditor can have the judgment re-filed or “revived” before it expires, which varies state by state. That means it’s going to get a new filing date and, you guessed it, cause it to be re-reported by the credit reporting agencies for another seven years."

(Disclaimer: this is for informational purposes only and should not be misconstrued as expressed or implied legal advice and you should consult a legal professional.)
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Old 05-12-2018, 02:49 PM
 
4,855 posts, read 2,152,571 times
Reputation: 12362
Get in contact with a consumer lawyer. They are better equipped to resolve this properly.
Fwiw- anytime a writ of revival is requested the courts do contact the litiGant at the last known address.
I think it's completely nieve to assume anything without the physical paprework in hand. It's behooving of you to seriously stop ...look....and listen to your lawyer.
My judgment was removed free and clear because the original owner of the judgment had since sold the business. It was vacated once the judge reviewed the findings. Had i'd listen to folks here to pay up! I'd have a check wondering around in no where's land because no entity could cash it . Get proper advisal. I did and it was done with paper and a qualified attorney versed in old debts. And Florida is 7 years...though they can keep asking for a revival ...third party debt collectors are shady on these styles of pay ups.
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Old 05-12-2018, 03:18 PM
 
7,652 posts, read 5,409,513 times
Reputation: 14362
Someone bought the paper and is trying to collect. Offer them pennies on the dollar (try 1000.00) and DO NOT pay by direct transfer or credit card. Pay with certified check with notation on check "to release lien and all debts associated with..." Send by certified mail with signed return card
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