In 07 we did a voluntary repo with a credit union. At that time we requested a solution to repay the unpaid bal. We obtained a lawyer after being served court papers regarding a judgment against myself and my husband. We went to mediation and agreed on a lessor amt owed. Part of the agreement with us and the credit union was the judgment on our credit would reflect the amt agreed upon and it would show as a loan and not a judgment as long as pmt was made on time. On the third mo. into the agreement we had or credit report pulled and the judgment was still in place and the orig. amt was shown. We attempted to contact our lawyer with no success and even reached out to theirs. Now on 6/2/15 we have a bk levy and our same lawyer has promised to work on it now 6/19 his # is disconnected. Help
Based on your facts, I assume you stopped paying per the agreement? That puts you in a tough place, who broke the written agreement first? He said, she said.
I am surprised that the Credit Union agreed in writing to remove a judgment from your credit report - a judgment is a public record and not something I believe they can remove unless they vacate their judgment by filing papers with the court.
At this point I would go meet with a local debt defense attorney and/or bankruptcy attorney to learn what options you have.
Whether or not you have a cause of action against the credit union for a breach of contract is VERY fact dependent and cannot be answered on an internet forum.
My answer to this question is for general purposes only and does not establish an attorney-client relationship and is not legal advice. You should contact an attorney directly for legal advice. We are a debt relief agency and we help people file for relief under the Bankruptcy Code as well as resolve other debt issues.
Time for a new lawyer. Make an appointment with Mr. Dove. Do this today.
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Well said above. You can go here to see if the lawyer is still practicing:http://texasbar.com/
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I think you will want to consult with a consumer rights attorney that can review the agreed judgment (which is posted to the credit bureaus by the court, and not by the judgment creditor) to determine whether your credit reporting rights, as well as your bank account, can be restored. The garnishment is probably more time sensitive than the credit reporting issue.
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