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- January 25, 2012 at 10:06 pm #242053
I would appreciate any advice on this. Here is the situation in a nutshell:
My Capital One card was charged-off ($925 balance) in June 2010. I was contacted by mail on 11/9/10 by a law-office (acting as debt collector) regarding this debt. I did not make formal payment arrangments in writing, but proceeded to pay $50 per month via the law-office’s website on 12/17/10, 1/27/11, and 2/25/11. I did not receive any other notices or calls during this time, so my assumption was that this was satisfactory for the time being.
On 1/26/11, the same law-office filed a claim in my local court (I received summons in the mail). When I contacted the law-office, I was told that the claim was filed due to payment not received in the month of January. I have email confirmation of the payment dated 1/27/11 (a Thursday morning)* and was told that because the payments are outsourced to a 3rd party, there is a lag-time of up to 7-10 days before the law-firm receives the payment. However, the payment website does not make any mention of this whatsoever. The law-office told me there was nothing they could do. I answered the summons and agreed to pay $50 each month until the debt was satisfied. A judgement was entered to this effect on 3/29/11. After making $50 payments in March, April, May, June, and July, I paid the debt in full this past summer (2011) and the court entered a satisfication of judgement in August, 2011.
The judgement has now appeared as a public record on my TransUnion credit-report (not sure if it will appear on the others). I get a FAKO score through Transunion monitoring, this did not change after the judgement appeared although I do not know if that will apply to FICO scoring. I only recieve an EQ FICO score through ScoreWatch on this site and the judgement has not appeared on EQ.
As my wife and I are getting things ready to shop for FHA mortgages, I am trying to get this judgement vacated as it will stay for 7 years on my record. I feel like I have grounds to do so due to the lack of language regarding time-line of payments being receieved by the collector. My argument is that if it was made clear that payments take up to 7 days to be received, I would have made the payment sooner. As the payment was made on a Thursday morning, even if it had taken the customary 1-2 business days as most online payments do, it would have still been received by January 31st, which was the following Monday.
I have a motion to vacate form from the court where the judgement was filed, is this the best route to go? Is there any hope of success here? If the court grants the motion, the next step is for me to send the written proof to Transunion to have the record deleted. Any advice would be much appreciated.
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