Unjust Enrichment

Hi Paul. in june of 2003 I had a judgement placed on my report. I am now in the process of trying to get a house. I have contacted the credit union on settling this judgement but since it is a credit union I had an auto loan with which was repoed. They want the principle balance which they claim is $10,000.00 the judgement for the credit card was for 1500.00 but the repo is not on the judgement as it was with an ex-bf and I think the credit union refuses to take the ex to court as he had really good credit and we had both worked at the credit union back when we got the loans.

How can I get this off my credit reports if the credit union refuses to work with me on it??

Paige

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Hi Paige,

One approach would be to send a certified letter to the credit union with a formal request for the payoff balance of this judgment.  If they respond with a payoff balance that includes the auto loan, then you have a claim against them for unjust enrichment.

Another approach would be to locate the judgment creditor’s attorney through the creditor’s pleadings or other court records and request the payoff from the attorney.  Given what you’ve written, that might be the quickest approach, although it might be advantageous to catch them with a documentable violation in the first paragraph and have the judgment satisfied for free – and then that’s what I would call a ‘satisfaction of judgment’.

Thanks for the questions and hope this helps.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.