[tpd917]

Hi, new to this site, but found a similar post. I am wondering if I should hire an attorney in the following:

My husband had a signature loan and a car loan (with the same credit union) that went into collection around 1997. A judgement was filed on both, but he never paid. He also never received any paperwork or notices regarding the judgement or the intent to file one. The original loan amounts totaled around $5000. The judgements fell off his credit report about 2 years or so ago. The car loan was showing pays as agrees and the signature loan was showing past due. As of today, the car loan is no longer being reported at all, but the sig loan is showing as a charge off. The law firm holding the account pulled his credit a few months ago (is this legal?) and are using his ss# as the account number (again, is this legal?). We have contacted the attorneys and they inform us that both loans are due in the amount of $14600. They offered us a settlement of $9310, but only if we pay in a lump sum. We have offered a large up front payment along with monthly payments, but they won't budge. Additionally, I have twice in the past few months asked for copies of the original loan papers, as well as a payment record, but the law firm has not complied and only just keeps sending the same letter demanding payment. They have only contacted us maybe 5 times in the last 6 years. Should I get an attorney? Sorry for the long post, just wanted to cover the main details! Any advice is very much appreciated! Tdp

Also wanted to add, we do own a house (have for 3 years). Each letter has threatened garnishment/leins, but they have never followed through. Is it possible that they actually don't have any paperwork to back this up? Although it has been an obstacle, this has not prevented us from buying a house, refinancing a house, or getting an equity loan. Each loan company that we deal with can't figure out how this is still even being reported. Thanks again!

[excon]

Hello tp:

Whether a judgment is on a credit report does not mean there is or is not a judgment in effect. Judgments have to be renewed periodically. These judgments have probably not been. I say that, because if they had a direct path to your bank accounts and paychecks (which a judgment gives them), they would have taken it. Because they haven't indicates to me that they can't.

Therefore, if they can't collect on their judgments anymore, you can tell them to pound sand.

excon

[Fr_Chuck]

If they went and got a judgement it is good for 10 years. So they may have decided to do something before the judgement ran out. But they can easily renew the judgement. Even if the debt is showed as charged off, this is a tax issue and does not mean they can not collect. So if you were not properly notified for a judgement you could have asked for that to be overturned

You have the right to have an attorney look into it.

But yes if they had a judgement they would not be calling you, they would just be garnishing your paycheck