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screwysquirl

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Payment before judgement entered
I have an account that is going up for judgement that is less than 3yrs old, i only recieved notice of this action from a collections lawyer with in the past 6mos, and didnt recieve notices from the original creditor, is it possible to contact the original creditor to get payments arranged before judgement is entered?

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Generally not.

Once it's in a "lawyers"hands it's really in collections. The account was sold so the original creditor can not legally collect anything so they won't talk to you. 

The threat of a court action is to get you to act. Because if you make any payment or take any action they can "restart the clock" on the account back to 7 years. 

If your trying to get this off your report.  Don't talk to them by phone. You want a written record of your communications. Use "Certified mail Return Reciept" 

Write a letter to them asking for "proof of debt validation".  Records showing that the bills were sent to the right address in a timely manner.  And that you actually owe what they say you owe.  It not a dispute. It's like saying. "I don't know who you are, please explain what this is in reference to and give me all the details. If you can't provide this. Please remove it from my credit report immediately". 

This doesn't mean you don't owe the money. It just buying time. 

Legally they have to provide the info. Or stop pursuing.  

This may not get them off your back completely. But it may give you time to get funds together to pay them off. An offer and compromise could be negotiated.

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see atty

Ditto on asking for statement of monies and that the account has already been sold to collection.  However, if it's going up for judgment you should see an atty.  Most states allow judgment  10 years to collect, THEN also allow for an extension for an ADDITIONALl 10 years if it hasn't been paid.  The extension is granted merely based on the fact it hasn't been paid and there's not much you can do about it.  Your states reps may have given them 20yrs to collect from you. 

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