Negotiating to Remove Liens off House

[edwardian]

I have 2 liens from 2 CCs as a result of a divorce, both in my name. She signed off on the deed but I can't refi at this time. In decree, Judge assigns one to my ex of course she has no intention of paying. Recieved a settlement offer from one CA's attorney for less than half but offer expired months ago. I need to either refi or outright sell so I thought I would send this sample offer letter to both:

Dear Attorney who filed the lien,

CA, referred to as COLLECTION AGENCY and Me, referred to as CONSUMER, agree to resolve the matter of the alleged debt, originally held by CC, hereafter referred to as the CLIENT. CONSUMER hereby agrees to settle this alleged debt claimed by COLLECTION AGENCY on the following terms and conditions:
The COLLECTION AGENCY certifies that it is legally authorized to act in behalf of its CLIENT and that any agreement that the COLLECTION AGENCY makes on behalf of CLIENT is legally binding on the CLIENT.
The COLLECTION AGENCY and the CONSUMER agree that alleged debt is $45,299.39 (Forty Five Thousand Two Hundred Ninety Nine & 39/100 dollars). While the CONSUMER feels that validity of the debt has not been proved by the COLLECTION AGENCY, the parties agree that the COLLECTION AGENCY shall accept the sum of $5,000.00 (Five Thousand & no/100 dollars) as full payment on the debt and the judgment satisfied. The acceptance of the payment will serve as a complete discharge of all monies due, and the COLLECTION AGENCY agrees to consider the debt paid in full and agrees to not take further action to collect on the alleged debt. The payment shall be made in the form of a cashier's check or money order.
Upon payment of the $5,000.00, the COLLECTION AGENCY agrees to remove any listing or information that the COLLECTION AGENCY may have placed on the CONSUMER'S credit report and release of the lien filed in Franklin County Judgment number xxxx. The COLLECTION AGENCY agrees to never at any time in the future place any information on the CONSUMER'S credit report.
The CONSUMER feels that the negative information on CONSUMER's credit report is damaging and while the exact estimation of the damage is not currently known, the CONSUMER estimates it to be $10,000 (ten thousand dollars and zero cents. Should the COLLECTION AGENCY fail to remove the listing and lien or reinsert it at a later date, the COLLECTION AGENCY agrees to award liquidated damages of $10,000 to CONSUMER.
This compromise is expressly conditioned upon the payment being received by December 31,2009. If the CONSUMER fails to pay the compromised amount by December 31,2009, this contract will be immediately terminated.
The person signing this agreement, __________________________________, hereby declares that he/she is authorized to act as an agent of the COLLECTION AGENCY.
This Agreement shall be binding upon and inure to the benefit of the parties, their successors, and assignees.
Dated:
Signature: ____________
Legal Representative of CA
Signature: ____________
Me

Is this a wise move? or should I send it to the CA directly.

[Trish]

I'm not too familiar with liens but might be able to point you in the right direction for some good info.

Were you sued?
They offered a 1/2 price settlement before...so was that for half of the 45k?
What state do you reside in?

[edwardian]

First, I live in Columbus, OH. The settlement offer was $12K of $24K on one of the two cards. Apparently, I was sued but was never served, I found out about the hearings after by receiving a notice these took place. Since I didn't show, I was in default. I'm thinking, wouldn't I be be served with some kind of registered letter or process server?

[Trish]

Hmmm.....you definitely need to check your state laws to see if you were served properly. If you were not served properly, you may be able to file a motion to vacate the judgment.

Check here and see if you can find out....
Ohio Rules of Civil Procedure, Process Serving Laws ? ServeNow.com

You can call the courthouse and have them look up the case. First make sure there is actually a judgment against you (they can verify this) and then also ask them how/if it is noted as to how you were served. They are supposed to have proof of service included in paperwork they receive.

[edwardian]

Thanks, I will check up on this. Overall, though, do you think I should send these letters to the attorney of record in the judgments or do I go directly to the CA? I certainly appreciate your help.

[Trish]

If this is a real judgment, you would have to go through the atty.

[edwardian]

Well, it seems after doing some research, that I may have been improperly served. According to the Clerk of Court records of Franklin County, I was served with these two suits by publication in the "Daily Record" a non-widely published rag circulated generally to lawyers and polititians. I honestly don't recall receiving a certified letter of complaint and the record doesn't show it was sent. An attorney friend of mine in another county says since it was a personal debt and not property related, they should have sent it cm or by process server.

What I'd like to do is file to vacate these judgments or threaten to so that the letters I intend to send will move them to settle this clean and have the liens remove from both the deed and the CR. What would you suggest?

[Trish]

I would just file to vacate the judgment.

How old is this debt? Is is still within SOL? If so, you need to read up on your laws and be prepared. An atty/CA is not going to let a debt of this size just go.....I'm sure they will keep trying.

[edwardian]

After some further investigation on the Clerks web site, I may have indeed been properly served. My next step is to go down to the Clerk office and physically review the records to see who signed for the certified mail. It may have been the ex and even could have been me (those were foggy times).

At this point, I am going ahead and sending the drafted letters based on the example posted earlier. I am addressing them to the CA directly. I have printed them on personal stationary in purple ink, scripted italic font and hand addressed the envelops to try and avoid scan-to-text processing. I am wondering if I should send CMRR? Do you think this a wise move?

[Trish]

If an atty has represented the CA in obtaining a judgment, you will have to go through them. The CA will only direct you to the atty. So, IMHO, writing the CA a letter would be a waste of time.

Also, the only time you need to worry about purple/teal italic font is when you are sending disputes to the CRAs. It keeps them from going through the automated process. It is not going to help you in writing a CA.

Sorry, I feel like I don't have any good news for you...... but you should make sure you were served properly first. If you were served properly, then you are going to need to contact the attorney representing the CA.

ETA: You should also check your state laws to see if a lien on your house for a credit card debt is even allowed. In some states they do not allow that.....but you will need to check into it.