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First of all I was thinking of applying for a loan w/ Lending Tree,does anyone have any pointers? Hoping for any answer. Another question I got... Hello everyone!.

I have been reading this board for quite some time and have been slowly soaking all of this information in! This is a terrific forum and I hope to be able to offer some great advice in the future. For now though, I need some help!.

I figured I would start by signing up for PrivacyGuard and obtain both myself and my husbands credit reports. I started first with my husband. EEK!! We haven't pulled a CR for roughly 2 years, I could just kick myself that we hadn't!.

He has a Public Record judgement against him! I am so outraged I could spit nails right now! What happened was we bought a new car at the dealer. When they asked us how much we owed on the trade-in we said about $9500. We get the new car and life moves on. Fast forward to a beautiful morning when I hear a knock on the door and a Sherrif serves my husband Superior Court papers! The car dealer apparently says we owe them $118.84 for the difference between the trade-in's actual balance and our estimation of the balance..

I immediately call the dealer and deman to know why they are suing us instead of sending us letters, or even calling us to inform us of the payment owed. I would have gone down there right away to pay IF I HAD KNOWN!! She says they had sent a couple letters. I do remeber getting envelopes from the dealer in the mail but I tossed them since I assumed they were the usual "Thanks for buying" "Rate Our Service" Etc. I ask her what we can do to alleviate this matter. She says I pay them before the court date, they don't show up, we don't show up and the whole thing drops. So I immediately sent them a check and thought that was the end of it..

In the mail a few weeks later we get a notice from the court that a judgement was won against my husband. I was livid and I called the dealer and gave them a piece of my mind. She apologized and said she would take care of it..

Now I pull his CR for the first time since 2001 and see that both EXP and TU have it listed as a public record..

EXP says:.

Judgment satisfied.

Date Filed: May 29, 2002.

Reference #: xxxxxxxxx.

Court: MY TOWN MUN COURT.

Plaintiff: xxxxx xxxxx.

Liability: N/A.

Asset Amount: N/A.

TU says:.

Paid civil judgement.

Date Filed: May 1, 2002.

Reference #: xxxxxxxxx.

Court: Municipal Court.

Plaintiff: xxxxx xxxxx.

Liability: $118.

Asset Amount: $0.

We never went to court, I paid them before the court date. What can we do?? I am getting ready to call them soon but don't want to spout off without some good advice. To make matters worse I believe that public record is the reason why my new car Lending Tree loan rate is so high. We had also bought another new car from the same dealer last year. Matter of fact, we have purchased 4 cars from that dealer!.

Sorry so long, didn't mean to get winded.I just really need some good ol' help!.

Shana..

asked Feb 28 at 16:30

Jonah's gravatar image

Jonah
13


I'm stumped. I'm not so sure what is the answer to that question. I'll do some research and get back to you if I find an decent answer. You should email the people at Lending Tree as they probably could answer your Lending Tree question..

answered Feb 28 at 17:23

Ivan's gravatar image

Ivan
954

Since I almost never dispute with credit bureaus I'm a pretty poor one to ask about them. I really don't know the answer..

I guess it says that if it is inaccurate you can dispute it...

answered Feb 28 at 17:44

Jett's gravatar image

Jett
1369

Thanks Bill, Could you tell me if Municipal Court is the same as Circuit Court?..

answered Feb 28 at 18:15

Jacob's gravatar image

Jacob
3591

Hardly..

Municipal Court is a court run and operated by a municipality, a city or other local government..

A circuit court can be either state or federally run..

The only thing they have in common is that they are courts of inferiory jurisdiction..

Some claim that a municipal court is an Article III court and higher courts than that are Admiralty courts. Or something like that anyway. I never paid all that much attention to the matter to know for sure about those arguments...

answered Feb 28 at 18:57

Payton
's gravatar image

Payton
2046

I LIKE THIS>0 posts!!!.

ShanaD | 0 posts since Mar 2003..

answered Feb 28 at 19:14

Ruben's gravatar image

Ruben
905

Thanks again Bill :).

Your answer told me what I needed to know!..

answered Feb 28 at 19:41

Sasha
's gravatar image

Sasha
2615

Hi,.

Thanks for all the responses. I was never sent a receipt, I do have my bank statement and it shows my check clearing my bank 6 days after the judgement date. I'll bet that's what they did, hold my check until after the court date to cash it..

I called and left a message with the accounts manager. I basically said that I had a copy of my husband's CR and it listed the judgement. I mentioned that they were paid before the court date and that I thought it to be illegal to report it as they were. Also said that I would like a call back immediately and would like the TL removed from his CR immediately. Haven't heard anything yet and of course it's Friday so I guess I won't hear anything until Monday..

Hopefully this gets resolved quickly!.

Oh, I noticed the 0 posts thing too, weird!.

Shana..

answered Feb 28 at 19:44

Kyra
's gravatar image

Kyra
4447

The account manager is not going to be of much help getting the Judgement deleted. Judgements are a matter of public record and are not reported to credit bureaus the way late payments are on a credit card. Once it becomes public record the credit bureau has the right to report it..

You need a lawyer to get this judgement vacated. Too bad about the receipt...this would have nailed their hydes to the wall. Just what was the gap in time between the date the check was written and then cashed?..

answered Feb 28 at 20:36

London
's gravatar image

London
1355

Most lawyers won't even waste their time trying to get a judgment vacated. It happens so seldom it just isn't worth their fiddling with it..

In fact, what I've seen posted around is that most lawyers don't even think it's possible..

And I've seen them argue that on my message board too...

answered Feb 28 at 21:04

Micah's gravatar image

Micah
4556

I would have to get the actual check to see what date was written on it. I know that the day he was served I called and sent the check out the next day..

If memory serves me right the court date was like 20 days from the day he was served..

If the dealer doesn't have any authority to get that deleted from his account what should I do? Dispute it with the CRA's? Go down to the court myself and see what can be done?.

Thanks in advance,.

Shana..

answered Feb 28 at 22:14

Juan's gravatar image

Juan
1836

It does not matter what the lawyer thinks. What matters is what the Judge thinks. You don't know the outcome until you try and I see no reason for a lawyer to refuse to provide a service so simple as filing a motion in court if they are being paid to do it..

That's my opinion anyway....as unfounded as it may be...

answered Feb 28 at 22:25

Adan's gravatar image

Adan
2763

That is exactly right and it is a point I make a lot. It don't make the least bit of difference what I think, it's what the courts have ruled that counts..

I don't either but nothing can force them to take a case if they don't want to...

answered Feb 28 at 23:56

Hope
's gravatar image

Hope
3662

You can try to dispute it with the CRA's but chances are slim they will delete. Public record is fact and that's all that they need to report..

What you have to do is find a way to get the facts to disappear and only a judge can do that..

Sounds like you need to speak to an attorney about your options. In the meantime...find that canceled check :)..

answered Mar 01 at 00:12

Rowan's gravatar image

Rowan
3515

Thank God there are so many of those rascals to choose from....LOL..

answered Mar 01 at 00:42

Matteo's gravatar image

Matteo
3916

I thought it to be illegal to report it as they were.

Shana.

==========================.

The car dealer is not reporting the judgment..

Is the judgment listed as paid or unpaid on the reports and at the court house?.

If it's listed as unpaid you may have to pay out this money again..

The END ************************* LB 59..

answered Mar 01 at 02:13

Landen's gravatar image

Landen
2544

We have purchased 4 cars from that dealer!.

ShanaD.

===============.

Boy talk about a glutton for punishment ! ! ! ! ! !.

The END ************************* LB 59..

answered Mar 01 at 02:32

Frank's gravatar image

Frank
628

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