Expert: Barnette Law Offices, LLC - 10/25/2008

Question
QUESTION: My husband has a judgment on his credit due to delinquent credit card. We hired a debt settlement company and were with them for three years (biggest mistake we ever made).According to them we were to have no contact whatsoever with the creditors. When the police showed up at our door one morning with this judgement we immediately faxed it to this debt relief company and we were told their legal department would handle this. Well they didn't and know we are no longer with the debt settlement company and we have this judgement from Mann-Bracken Law firm. Our original balance was $9800, but know because of interest and court fees it's $16,000. They will accept $13000 as a settlement. We've tried negotiating with them (give them $9500) and they will not accept that. What should we do?  I found a form where we could try to have the judgement vacated due to misrepresentation (by the debt settlement company) but is it to late to try that? The judgement was handed to us in August 2007. If we have no choice but to pay the $13000 what are the steps we need to take to make sure they keep their end of the deal? How do we get the judgement removed? I'm not sure if this makes any difference in anything but the credit card charges were related to Infertility treatments which I understand Infertility is considered a disability. Thank you for any help.


ANSWER: Mary:

   You can always move the court to vacate the judgment on the premise you alleged but, be forewarned that these are rarely granted.  I would advise you to pay this if you must for mortgage purposes or a re-finance.  Otherwise, I wouldn't unless they are about to execute the judgment via levying your accounts or garnish your wages.

   As for getting it off of your reports, contact the credit reporting agencies in writing and dispute the accuracy and/or completness of the data fields.

        Jason Wade Barnette
        Barnette Law Offices, LLC
        http://www.barnettelawoffices.net
        615-585-3885

---------- FOLLOW-UP ----------

QUESTION: How do I duspute the accuracy /completness of the data fields? Not sure what you mean. Thank you.

Answer
Mary:

  Look at the date filed, docket number, court name, balance, etc., and challenge anything that is wrong or missing.  Contact the credit reporting agencies in order to do so.

         Jason Wade Barnette
         Barnette Law Offices
         http://www.barnettelawoffices.com
         615-585-3885