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Can a judgement be negotiated for a lower amount (lump sum payment) to settle and be taken off credit report?

Red Bank, NJ |

I recently discovered a judgement for medical treatment I received as a minor was filed against me(from 10 years ago). At the time of treatment I was insured and living with my parents. In the past 10 years my parents have divorced and I have had minimal communication w/my parent that had stayed at my residence as a minor. (they moved in 2010 I think) I was never served or made aware of any Court matters regarding this. Can I dispute this or try to settle for a decreased amount to just have it resolved so I can move forward? If settlement is an option what is a realistic amount to hope for?

Attorney Answers 3

Posted

The short answer is yes --you can negotiate a lump sum payment and settle the debt. Make sure you get a satisfaction of judgment which must be filed in Trenton so that the judgment can be deemd legally satisfied. Depending on the amount owed you can probably get them to discont the debt by at least 30-50% depending on the company. There are also numerous defenses you have but based on the time period of over ten years- the cost of opening up the action and possible success is not very high--always best to try and negotiate a settlement before getting attorneys involved--but make sure the sat of judgment is part of any resolution.--

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Posted

There Are Lots Of Questions. If You Were A Minor When You Received The Medical Care You Are Not Responsible For The Debt. When Did It Go To Judgment? If It Went To Judgment And You Were Not Properly Served You May Be Able To Have The Judgment Opened. You Should Go To The Court Where The Judgment Entered And look At The File To See How Service Was Made. The Clerk At The Court May Be Able To Help You. But You May Need An Attorney To Open The Judgment.

Disclaimer: The foregoing answer does not create an attorney-client relationship with Attorney Cannella or her firm. This answer does not constitute legal advice, is provided for informational and educational purposes only for persons interested in the subject matter, is not legal opinion, nor confidential in nature. Each situation is fact specific and may be subject to state specific laws. Without a comprehensive consultation and review of all the facts and documents at issue it is impossible to evaluate a legal problem fully.

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Posted

Yes. Make sure the agreement you reach is CLEAR that you want the trade line DELETED from your credit report NOT that you want it shown as Settled. Make sure the current holder of the debt has the ability to delete the trade line before you enter into settlement if that is your goal. Good Luck.

Regarding what amount to hope for, I usually suggest people start at 50% and go up to 75% if necessary. When speaking about %'s make sure you discuss raw numbers. You saying 50% and them saying 50% could mean a significantly different number since they will try to tack on late fees and interest. Good Luck!

I am an attorney licensed to practice law in Ohio and some Federal Courts throughout the United States. I am not answering your question to solicit you as a client and there is a good chance that I am not licensed to practice law in the state that you reside. I hope that you find my assistance beneficial and, at most, use my advise as a finger pointing in the right direction. An attorney client relationship is not established by posting back and forth online. One of the most beneficial aspects of working with an attorney is the attorney client privilege which does not exist when you post personal facts online to faceless strangers. Hire an attorney if you want specific legal advise. If you cannot afford one, call your local bar association or search "(your city) legal aid" online. The fact that you took the time to post your question online likely means that you could use the aid of an attorney. Call around your area and see if any local attorneys offer free consultations.

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