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Judgement question

Regular Contributor

Judgement question

OK. Not a sob story, but frustrating (and partly my fault, too).

 

When the economy took a turn earlier this decade, I had issues like every else.

 

Long story short--in 2011, I received a judgement against me for a Capital One card.  I actually was never served or notified, but accepted I screwed up and didn't think there was anything else I could do. I was liable for the debt.  During this time, I set up a payment and paid it and was finished with it in 2013.

 

I have only needed to use my credit for a car purchase a year or so later, and never really followed up to see if it was reporting correctly (paid, etc).  Again--my bad.

 

Fastforward to this month--I am about to close on a new house, and the only adverse thing left to settle is a judgement from Equable Financial Ascent, LLC.  After doing some research, this company has been out of business for a while so I was scrambling trying to figure out WHO to pay.

 

Yesterday, I called the # associated with Equable and it was actually a new Collection Agency acting as "Trustee."  The lady researched my account, and voila----the account listed that I needed to take care of is the same account I paid in full 3 years ago.  They are issuing a copy of the "judgement satisified" document to me, emailing today, etc.

 

So--my question is--is there any repercussion for this with the original LLC, because it appears that they went under at some point while/just after I was paying my debt, and never filed anything so it would report correctly.  This obviously affected me on the car loan I mentioned earlier, but have since refi'ed with DCU (thanks MyFico.com).  While I know the judgement still reports even after paid, it was being reported incorrectly.

 

It seems in this sue-happy society, there must be something I can do to get back at the bottom-feeders who have oppressed the working class so long.

 

Any suggestions are appreciated.  

Message 1 of 10
9 REPLIES
Frequent Contributor

Re: Judgement question

 Sorry, that I can't help you out on this but I'm sure some experienced FICO'ers will be here for you.

 

I too, have a paid judgement, that is due to fall off in December of next year of EQ. 

 

I'll be following your thread for advice, good luck !!

FICO :November 2016
TU-761 EQ 756. EX - 749
No Baddies
QS1 -$2,000. Care Credit $9,600.00 CHASE Freedom $3,000.00 Discover IT $1,000.00
Inq TU 4 EQ 3 EX 2
Message 2 of 10
Community Leader
Legendary Contributor

Re: Judgement question

It is the responsibility of the judgment creditor to notify the court once the debt has been paid. 

The rules of civil procedure for each state sets specific periods after satisfaction of a judgment for the judgment creditor to file a notice of satisfaction with the court.

The judgment creditor does not "report" anything regarding the judgment or its current status to the CRAs.

The CRAs get that information based on their own review of posted public record information.

 

When was the notice filed with the court?

Any violation on their part would be based on lack of timely notification to the court.

However, that notice does not result in deletion of the judgment from the public record/credit report, so the issue would be any "damages" that may have resulted from lack of showing that the judgment was paid.

 

 

Message 3 of 10
Regular Contributor

Re: Judgement question

It was never reported to the court.  Collection agency went under at some point after I paid it.

 

I'm aware no deletion--I could care less about that part.

Message 4 of 10
Frequent Contributor

Re: Judgement question

@RobertEG

In my case, I contacted the Clerk, (The main one), she said my was reported, "paid", in April ...thus is the last of September and whomever these folks are that "gather information ", haven't updated mine, yet !

Why so long to report "satisfied ", but when you get one on you, it's fast by these..."furnishers" !
FICO :November 2016
TU-761 EQ 756. EX - 749
No Baddies
QS1 -$2,000. Care Credit $9,600.00 CHASE Freedom $3,000.00 Discover IT $1,000.00
Inq TU 4 EQ 3 EX 2
Message 5 of 10
Frequent Contributor

Re: Judgement question

...continued with my above post ^^^...

"Damages "..could this mean as prospective CC issuers, such as Cap-1, do a "Pre-qualify ", and their computers see just a judgment and no satisfaction? Possibly not getting an offer or not a better offer ?
5 months with no update by "data furnishers " is nonsense, in an equal world !
FICO :November 2016
TU-761 EQ 756. EX - 749
No Baddies
QS1 -$2,000. Care Credit $9,600.00 CHASE Freedom $3,000.00 Discover IT $1,000.00
Inq TU 4 EQ 3 EX 2
Message 6 of 10
Regular Contributor

Re: Judgement question

Final update--for now...

 

My mortgage company did a credit supplement call today with the trustee for Equable Ascent and me to verify that my old judgement was satisfied.

 

They confirmed it was, and Equifax Mortgage Solutions had to ask MULTIPLE times when it was satisfied, and it appeared that they did NOT want to give the date.

 

Finally, they said I had made the final payment to them in January of 2013.  3 and a half years ago.

 

I'm not very happy right about it.

Message 7 of 10
Frequent Contributor

Re: Judgement question

I sure hope hope you get to your goal ! 

 

Getting there...is quite daunting,  it seems, dealing with EQ and these other "furnishers of information ", as we try cleaning up our reports. 

They seem to keep derogatory information as long as the want, without problems,  but getting if fixed, wow !

 

Good luck !! 

FICO :November 2016
TU-761 EQ 756. EX - 749
No Baddies
QS1 -$2,000. Care Credit $9,600.00 CHASE Freedom $3,000.00 Discover IT $1,000.00
Inq TU 4 EQ 3 EX 2
Message 8 of 10
Community Leader
Legendary Contributor

Re: Judgement question

There is currently a class action lawsuit pending against EQ for their lack of notice to consumers of the identity of vendors they use when obtaining public record information to supplement their files.  Consumers who obtained credit reports from EQ within the past two years that contained public record information are currently being contacted with offers to provide free monitoriing services as compensation of lack of notice of how to contact such vendors when their are disputes over public record information that has been collected on behalf of a CRA.  You may wish to read the briefs in the class action, as they relate to your issue......

 

 The following site provides detailed information on the issues:

https://eclaim.kccllc.net/caclaimforms/eqj/home.aspx

Message 9 of 10
Frequent Contributor

Re: Judgement question

Hey thanks, RobertEG, for the heads-up !

Great information! !
FICO :November 2016
TU-761 EQ 756. EX - 749
No Baddies
QS1 -$2,000. Care Credit $9,600.00 CHASE Freedom $3,000.00 Discover IT $1,000.00
Inq TU 4 EQ 3 EX 2
Message 10 of 10