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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 33547
Experience:  30 years experience representing clients.
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I am in the process of refinancing my condo located in the

Customer Question

I am in the process of refinancing my condo located in the state of California and the lender came across a judgment filed against my asset or property. this judgment was filed by a collection agency/attorney on June 15 2009, but not ordered by a court and it is not showing up on my credit report. I originally had a loan with Hosehold bank and I settled with them and paid $5,000. I spoke with this agency years ago and explained this. what is the solution to this case.
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Did you receive a release in the course of the settlement of the claim?

Customer: replied 1 year ago.
No I did not I borrowed the money from my 401k went to the bank and deposit ed the money.
Expert:  Loren replied 1 year ago.

Are you saying a judgment was falsely reported or filed by the collection attorney?

Customer: replied 1 year ago.
the agency that filled is not the same people I settled with. How can this agency file a judgment with out a court order and howvcan I fight this?
Expert:  Loren replied 1 year ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

You need to go to the court and check the file for the judgment reported. What I suspect may have happened is that, since the original debt was never released when you paid the $5000, the original lender wrote off the debt and sold it to a debt collection company. That said, if you were never served in the law suit, you can file a motion to vacate the judgment, since, without service of process, the court had no jurisdiction over you to enter the judgment.

While you can do this yourself, it is strongly recommended that you retain local counsel to get this resolved as quickly as possible. There is no reason to learn as you go.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited by JustAnswer for assisting you. A bonus is not required, but is always appreciated.