Judgement received Question:
I received a letter from my bank in November 2008 stating that National Credit Acceptance (NCA) won a judgement against me and have request information regarding my accounts. The bank gave my NCA's number and so I called them. I asked the woman what this was for and she started to yell at me telling me that I need to pay my bills. Let's just say the conversation did not end well and my question was never answered.
I was in the process of moving cross-country from NY and made the decision to deal with this when I was settle in my new place. By the time I got settled, my bank account was frozen and I could no longer get any money from my account. After a week of being told by my bank that NCA won a judgement against me, I received another letter stating what happened. I was astonished that I creditor can do this. CAN THEY DO THIS?
After some research, I now know that this debt was a car repossession that happened to me about 10-11 years ago. After the repossession, I didn't hear anything from the creditor and had no idea what rights I had; if any. I did see it on my credit report but also thought there was nothing I could do about it. Now NCA bought my debt and pursued the matter without notifying me and won. What do I do now?
The original repossession was in CA but I moved to NY and the judgement was won in NY. My friend (a criminal lawyer) advised me to call the creditor and make a deal with them. Should I do that? If I do that, is that going to put it back on my credit report for another 7 years? And what about the 7 years thing; so many people are telling me that it shouldn't have been on my credit report anyway since it was so long ago and that I should write to the credit report agencies and get it off. Is that true? With the judgement already won, can I have credit report agencies do that? Please help; I don't where to start.
click here to enlarge Your sad story is typical of those who fail to understand the truth of what I constantly tell them. Next they will go for wage garnishments, and if they can't get anything that way they will go for any vehicles that are free and clear, put liens on your home if you own it, send a sheriff to your home to grab any furniture, TV sets, anything of value that they can sell at auction to pay their judgment. Anything at all. They can almost leave you with an empty home to sit in. Your criminal lawyer friend don't have a clue unless you have the money to pay them with and it sounds like they already grabbed that. So what should you do now? The first thing you need is some protection from the rest of their garnishments. A way to stop them cold from getting anything else. A simple phone call to 302-200-3102 can get that job done for you. The folks at TARP can put a stop to their garnishments and seizures. Next you need to learn that even though they have a judgment and garnishment in place they are still 3rd party debt collectors and they will make mistakes and violate the law and you can sue them and force them to pay you good money to go away and not sue them anymore. In the process you can probably make them vacate the judgment and leave you alone."