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Vacating a Judgement in NJ

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beachbum33
New Contributor

Vacating a Judgement in NJ

If you have legitmate judgements like I did Smiley Wink this is the route to go! Aprox 3 months ago I came across the following;

 

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      If you are looking to vacate judgment that has an unsecured debt as its basis, New Jersey law provides that you must wait one year after your discharge is entered and then file a Motion for Cancellation of Judgment in the Superior Court where the judgment is docketed.  N.J.S.A. 2A:16-49.1, which provides in relevant part: "Any time after one year has elapsed, since a bankrupt was discharged from his debts, . . . he may apply, upon proof of his discharge, to the court in which a judgment was rendered against him, or to the court of which it has become a judgment by docketing it, . . . for an order directing the judgment to be canceled and discharged of record."

Once you receive the Order Vacating the Judgment, that must be submitted to the judgment processing center in Trenton.  Once it is processed the Credit Bureaus get notice and it should be removed from your credit report.  If it is not removed immediately, you should send each of the Credit Bureaus, Equifax, Transunion and Experian and letter demanding that the adverse information be removed from your credit report.  Enclose a copy of the Order vacating the judgment and also demand that they send you a copy of the corrected Credit Report within 30 days. 

Alternatively, you can start by trying to just send the letters to the "Big 3" ( Equifax, Transunion and Experian) demanding removal of the judgments and indicating that they are inaccurate adverse entries that are damaging your ability to obtain credit.

Hope this helps.

Good luck.

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This answer is offered as a public service for general information only and may not be relied upon as legal advice....  more
     

     

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Credit_Me
New Contributor

Re: Vacating a Judgement in NJ

Thanks for the info. This will come in handy in a few months.

Starting Score: EQ:531 (06/14/12) TU: 578 (06/16/12) EX: 555 (06/23/12)
Current Score: EQ:647 (10/04/12) TU: 621 (08/04/12) EX: 654 (05/15/13) App from CU
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deadbishop
Regular Contributor

Re: Vacating a Judgement in NJ

great post! i live in PA but all my judgment iib are in NJ. my question is why do you have to wait 1 year? that debt is discharged and no longer owed.
Bankrupcy 7 Filed 2/20/2012
Discharged 6/18/2012
FICO as of 7/6/2012
TU 630 Classic (04)
EQ 641 FACTA Beacon 5.0
EX 607 Fair Isaac (ver. 2)

Message 3 of 4
mja
Valued Member

Re: Vacating a Judgement in NJ

Wow!  Does anyone know if there is a similar law in Virginia?

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