[jgarrett8467]

I have a judgement that I knew nothing about. To say a bit about my situation. Our trailer burned down in may of 2011 and we have been having to rent until we could get a place put back on our land. Our credit is really bad because of some things that have happened in the last few years. We had managed to get a loan through Vanderbilt mortgage. Everything was going good until they did the title search. Somehow in the search they found a judgement that we didn't know anything about. We have never been served. If we hadn't done the title search we wouldn't have known about it. The judgement was for a vehicle that we had to let go after my husband and I both lost our jobs due to them going to Mexico. I have been told by some people that they can take my land if I pay it off and also they can take it whether I pay it off or not. What can I do??

[ScottGem]

What probably happened is that the car was either repossessed or turn in then auctioned. The auction didn't cover the balance due so you were sued over it. Since you were unaware of it you may not have been properly served.

When was the judgment awarded?

[jgarrett8467]

April 2006.

[ScottGem]

So in 5 years they have not tried to collect? I would try to have the judgement vacated on the grounds of improper service. Once its vacated you can proceed with your loan.

They will probably try to reinstate the judgment but maybe not if they haven't tried to collect.

[jgarrett8467]

We weren't sure what to do. We sent the attorney a letter to try to negotiate a lesser amount. Would that affect the judgement and getting it vacated.

[ScottGem]

Yep it could, since you acknowledged the debt.

[jgarrett8467]

Great. If they don't respond to our letter then what can we do?

[ScottGem]

I would still file. The worst that can happen is it will be denied