If a Debt is Not On My Credit Report, Can the Creditor Still Sue

If what you described is accurate, what you have is a perfect example of bad-faith negotiation and possibly fraud. I dare say you may have a cause of action against the creditor here. I encourage you to contact the National Association of Consumer Advocates (NACA) and locate an attorney licensed in your state with experience in consumer rights. You may be able to find an attorney who will be willing to work on a contingency-fee basis.

I agreed to a settlement with an attorney for a Capital One credit card debt. I requested the agreement in writing, which they sent to me, signed by the attorney. It contained two separate agreements. The first agreement was for the settlement amount we agreed to broken into five consecutive monthly payments. The second agreement was for a judgment for the full amount if I were to default on the first agreement by not making my monthly payments. I signed both agreements and sent them along with a cashiers check for the first payment via certified mail return receipt. Because they had not picked it up from the post office after four days of receipt and the trail was scheduled for the next day, I faxed a copy of both agreements to them. They said they would file our agreements with the courthouse and dismiss the case. I then requested a copy from the clerk of the court. It shows that they only filed the second agreement for the default judgment with the courthouse. The document has also been altered since I signed it (the interest rate was lowered). It has now been three weeks since my letter containing the signed agreements and cashiers check was delivered and it has been returned to me. I now have the original, unopened letter with its contents as well as a copy of the agreements signed by the attorney, a copy of the cashiers check, the tracking information and receipt. Now I need to know if I can do anything so they will have to honor our original agreement. I will leave the letter unopened to prove that I attempted to make my first payment and the postal tracking information shows that they refused to accept it, therefore, breaking our contract to settle. Can I file a motion to vacate judgment? Is there anything else you could suggest I should do? Thank you for your help.

Thanks for the debt management information.