Steps to credit repair

Submitted by kiel123 on Sat, 08/14/2010 - 10:06
Forums

I am sorry but after reading many topics I am at a loss as to where to start so I am just going to tell my story.

First part of the story is basically I was young and stupid in college and incurred a lot of debt (~10k, full scholarships so no student loans.) Then I basically went underground, changed phone numbers and addresses so they couldn't even find me. I have since lived on essentially cash. I am guessing my debts weren't big enough for them to pay the lawyers to garnish my wages/bank accounts/whatnot.

But now I am thinking about getting married in a few years, I pulled my credit report. As expected, it's in shambles, including a judgement against me for Capital One (about 3800).

I very much would like to pay as little as possible as long as it maximizes my credit rating.

I am a resident of New Jersey.

The credit items I'd like removed or at least improved:
Judgement against me for CapitalOne: ~$3800, 2007 -big one. anything I can do about this at all?
AMEX: ~$1200 charged off. Last activity 2005 (scheduled to continue on record until Sep 2011)
BoA: $0 Paid, closed. (Is this actually bad?)
CapitalOne: Account Charged off. ~$3800 written off. $5600 past due as of July 2010.
Midland Credit Management: ~$200 past due as of July 2010. (Verizon)
RJM Acquisitiions: ~$3800 past due as of Jul 2010. Originated from overdrawn Wachovia checking account.
Wachovia: ~$3800 written off. Transferred, closed.

Hi kiel,

Generally, a judgment stays in for 7 years from the date of entry. It may be even longer, if NJ legislation allows to stay it longer. In case of student loans, the SOL is for 14 years. It is never too late to mend your score. You should consult your financial lawyer regarding this.

Sat, 08/14/2010 - 17:18 Permalink
Anonymous (not verified)

Is there a particular resource for finding such a lawyer? I keep finding bankruptcy lawyers and I am starting to think my debt isn't really big enough for lawyers to want to get involved.

Sun, 08/15/2010 - 21:59 Permalink

Hi kiel,

Welcome to this community :)

Judgement against me for CapitalOne

You need to pay off the judgment amount. Once you make the payment the account status will be updated as "Satisfied Judgment". However, the judgment will remain on your credit report for 7 years.

AMEX: ~$1200 charged off. Last activity 2005

and

CapitalOne: Account Charged off. ~$3800 written off. $5600 past due as of July 2010

You have mentioned that the last activity on this account was in 2005. However, was this the last payment? If it is, the Statute of Limitations (SOL) on this debt has still not expired. The SOL in NJ is 6 years. Thus you need to pay off the debt. If you want the charge-off removed you will have to request Amex and Capital one to pull back the account from collections. If the creditor agrees to pull back the account (will also depend on if the account has got sold) you can make payment agreement with the creditor, and also request him to agree to "Pay for delete" (PFD) agreement. With PFD the negatives get deleted. If the original creditors cannot or do not agree to pull back the accounts you will have to negotiate payment agreements with the collection agencies. The charge-offs however will remain on your credit report. The account will simply be updated as "Paid".

BoA: $0 Paid, closed. (Is this actually bad?)

This is not actually bad. But when you close an account the available credit lowers and the credit utilization rate increases. This in turn hurts your credit. After a couple of moths the history in regards to this account is also lost.

Midland Credit Management: ~$200 past due as of July 2010. (Verizon)

and

RJM Acquisitiions: ~$3800 past due as of Jul 2010. Originated from overdrawn Wachovia checking account.

If you are not sure about the amount owed, you can send debt validation letter to the collection agency (CA) through certified mail, requesting a return receipt. If the debt comes back validated make a payment arrangement with the CA along with a PFD request.

Wachovia: ~$3800 written off. Transferred, closed.

Check who now holds the account. Make payment arrangements with the company now having this account. You can also talk to the original creditor if he can reopen and pull back the account. Here too you can request the PFD.

You should also know that all creditors or collection agencies do not agree to PFD. In that case you can try removing the negatives through a Goodwill letter that requests the creditor or collection agency to remove the negatives on the basis of goodwill.

Hope this helps.

Regards,

Aaron

Mon, 08/16/2010 - 06:34 Permalink
Anonymous (not verified)

RJM is the collection agency that bought the Wachovia account I assume.

I'll have to find out who to even call there to get such an old account pulled back.

Wed, 08/18/2010 - 04:26 Permalink

With CapitalOne, should I even go with pay for delete with a judgement against?

If I send CapitalOne a PFD letter, instead of just PFD, should I do something like this:

I am willing to $3823 in return for your agreement to remove all information regarding this debt from the credit reporting agencies within ten calendar days of payment. If you agree to the terms, I will send certified payment in the amount of $3823 payable to CAPITAL ONE in exchange to have all information related to this debt removed from all of my credit files. Furthermore, the status of the judgement against me on xxx date at xxx county court with the identification number xxxx will be updated to Paid in Full (or satisfied.)

Wed, 08/18/2010 - 06:08 Permalink

Also, if I pay RJM for delete, will the Wachovia entry be updated to paid or is there just nothing I can do about it anymore now that they've sold the account?

Wed, 08/18/2010 - 06:09 Permalink

Hi kiel,

RJM is the collection agency that bought the Wachovia account I assume.

I'll have to find out who to even call there to get such an old account pulled back.

Yes, RJM is the collection agnecy collecting for the overdrawn Wachovia account. You will have to contact the original creditor to pull back the account from the collections.

Judgments cannot be deleted before the 7 years. It will fall off after the 7 or 10 years (or may be more according to your state judgment laws).

I am willing to $3823 in return for your agreement to remove all information regarding this debt from the credit reporting agencies within ten calendar days of payment.

This sounds a bit commanding. You should rather request. Check out the sample PFD letter from http://www.creditmagic.org/repair/pay-for-delete.html . You can send the PFD letter regarding the charge-off and other negatives but not judgment.

Also, if I pay RJM for delete, will the Wachovia entry be updated to paid or is there just nothing I can do about it anymore now that they've sold the account?

If you make payments to RJM and if they agree to PFD, the negatives entered by them will get removed and not the ones entered by Wachovia. However, if Wachovia pulls back the account and agrees to PFD, the negatives entered by them will be removed after you pay off the dues.

Hope this helps.

Regards,

Aaron

Wed, 08/18/2010 - 06:58 Permalink
Anonymous (not verified)

Yes, a lot. I will have to find out who to call at Wachovia to make that happen.

Wed, 08/18/2010 - 10:04 Permalink
Anonymous (not verified)

That paragraph was actually copied and pasted from the link.

Wed, 08/18/2010 - 10:05 Permalink
Anonymous (not verified)

Sorry, really ADHD (medicated, but barely under control).

Wed, 08/18/2010 - 10:05 Permalink

Hi,

Even if you use the sample letters, please avoid sending the exact ones to creditors, collection agencies and credit bureaus. Try to change the wordings according to your circumstances.

Thanks,

Aaron

Wed, 08/18/2010 - 11:01 Permalink
Anonymous (not verified)

I called Wachovia's collection department and I was told they sold the account to RJM and there is nothing they could do.

I was just wondering if this is true or I should try pushing harder to get them to buy/pull back the account.

Anyone got experience with something like this specifically?

Thu, 08/19/2010 - 01:34 Permalink

Hi Kiel,

I think you forgot to sign into your account before posting. You can earn through forum posting, so I think as you have an account you should try to remember signing in before posting your queries :)

I called Wachovia's collection department and I was told they sold the account to RJM and there is nothing they could do.

I was just wondering if this is true or I should try pushing harder to get them to buy/pull back the account.

Yes, this is true. Creditors do sell off accounts to collection agencies and when an account is sold off the creditor cannot pull back the account.

Thanks,

Aaron

Thu, 08/19/2010 - 09:39 Permalink

Thank you for the help Aaron. I'll deal with RJM directly right away then.

One last question before I go and start firing off PFD letters.

Is there any particular resource or recommendation for a lawyer in New Jersey that can possibly help me vacate the judgment hopefully on some technicality? I do recall signing for the certified mail for the summons. I was too dumb/embarassed at the time to do anything about it.

Now, the only thing I am afraid of is by paying CapitalOne, I lose any chance I might have now to get the judgement vacated.

Sat, 08/21/2010 - 07:48 Permalink

I sent off a pay for delete letter to RJM... it almost as if nobody there actually read the part I offered to pay in full and they sent me a 60% off settlement offer to get it changed to "paid in full."

I am thinking I'll take the offer since there is nothing I can do about the Wachovia account that led to the RJM entry anyway.

Tue, 09/14/2010 - 06:09 Permalink

Hi kiel,

I think you can agree to this offer. However, you can talk to them once again over the phone about the "Pay for delete". See if they agree. Also, check if the letter is printed with the company's letterhead and if it is signed by a person who has the authority to provide you such an offer.

If the negatives cannot be removed you need not worry much about it as your account will be updated as "Paid in full" and with time the negative effect lessens.

Thanks,

Aaron

Tue, 09/14/2010 - 08:04 Permalink
Anonymous (not verified)

The RJM was updated as paid.

Midlands, CapitalOne and AMEX haven't replied at all to my PFD letters. Is it about time for me to send again or is 1 month+ reply time kind of typical?

Fri, 10/15/2010 - 13:45 Permalink
matzcrorkz (not verified)

c4vDKw Major thanks for the article post.Really looking forward to read more. Really Great.

Tue, 08/05/2014 - 20:21 Permalink