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rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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I have a judgment from Citi Bank credit card from October ...

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I have a judgment from Citi Bank credit card from October of 2005 for $5000. It has been my understanding that the judgment will remain on file in my county for ten (10) years, during which time it will accrue interest at a rate of eight percent (I live in Wake County, North Carolina). It was my assumption that the lawyer who filed for the judgment would report it to Equifax, Experian or Transunion and it would probably be updated occasionally with a current balance.

To the contrary, my Equifax report continues to show the account as a Charge Off with no mention of the judgment (Experian and Transunion have been more or less useless). But what really brought my attention to the account (I have others in collection) was that the attorney is monthly adding late payment fees, penalties and interest to the balance of the account at the rate of approximately 30%.

Can you explain why he/she would do this?

Hi,

Thanks for the effort to move the question to general legal. First of all...what the credit bureaus report is a separate issue. If their info has to be corrected, correspondence should be sent to do so if there are reporting mistakes, but the mistake with them right now is in your favor...NO JUDGMENT APPEARS...so let sleeping dogs lie!

You say that the lawyer is adding these fees on a monthly basis....

1. Where and how? In monthly statements to you?

2. When all is said and done, the terms of your original credit card agreement with Citibank controls as to what can happen before and after judgment or at any stage in the debtor-creditor relationship. What does it say on the subject?

XXXXX XXXXXcata

Customer: replied 8 years ago.
The lawyer is adding these fees to my Equifax report. So when in fact I have a judgment accruing interst at 8%, he is reporting that I owe much more than I actually do. I was hoping that this was illegal so that I might use it against him in the future to have the judgment dropped. I have run the SOL on 11 other credit cards totaling over $100,000 and this judgment is my last remaining thorn.

You can't have the judgment vacated due to the lawyer's action, if the judgment was validly obtained in the first instance. Sorry. But you MUST SEND A LETTER TO THE CREDIT BUREAU CORRECTING THE AMOUNT AND a letter to the lawyer certified mail RRR AND REGULAR MAIL telling him to cease and desist or you will take legal action.

BUT YOU MUST BE ARMED IN BOTH INSTANCES with the wording of he original contract with CITIBANK that would prove your point that the lawyer's actions are contrary to the agreement.

XXXXX XXXXXcata

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