Judgment date

[Anonymous]

I had a Spiegal cc through First Consumers National Bank that was over 180 days past due and charged off in 11/2001. This came off my CR in 2008.

Apparently in 6/2004 a judgment was entered in the amount of $1866.00. for this debt that was obviously sold to a CA (who is listed as the Plaintiff). To tell you the truth I do not know if I was aware of the suit or not, I cannot remember.

My question is: is it 7 years from the date of the judgment for this to be removed from my CR?

Any info would be appreciated. Thanks

[ECHOBOI4U]

It is 7 years reporting from when judgment is entered by the presiding judge/courthouse.  I had a similar cases many many years ago and it reported for 7 years from the rendered judgement.  That is how the CAs or OCs get around the reporting rule to stick it to people.  I never got notice of the court date.

[guiness56]

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@ECHOBOI4U wrote:

It is 7 years reporting from when judgment is entered by the presiding judge/courthouse.  I had a similar cases many many years ago and it reported for 7 years from the rendered judgement.  That is how the CAs or OCs get around the reporting rule to stick it to people.  I never got notice of the court date.

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What do you mean by this?

Judgments stay 7 years from the filing date. Unpaid judgments can stay longer if they renew it.

[Underh20]

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@guiness56 wrote:

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@ECHOBOI4U wrote:

It is 7 years reporting from when judgment is entered by the presiding judge/courthouse.  I had a similar cases many many years ago and it reported for 7 years from the rendered judgement.  That is how the CAs or OCs get around the reporting rule to stick it to people.  I never got notice of the court date.

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What do you mean by this?

Judgments stay 7 years from the filing date. Unpaid judgments can stay longer if they renew it.

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Renewing a judgment in with the court clerk has nothing to do with how long it can remain on your credit report. 

Judgments can remain on on your credit report for 7 years unless state legislation allows for longer periods.

Remaining as an active judgment in the court clerk's judgment role is different.  Some, but not all, states allow for a one-time renewal for a period of time usually equal to the initial period of time.  Most judgment creditors fail to renew their judgments. 

[Underh20]

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@ECHOBOI4U wrote:

It is 7 years reporting from when judgment is entered by the presiding judge/courthouse.  I had a similar cases many many years ago and it reported for 7 years from the rendered judgement.  That is how the CAs or OCs get around the reporting rule to stick it to people.  I never got notice of the court date.

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The time period should run from the time the judgment was docketed or entered in the judgment roles by the court clerk.  In many courts this is not done immediately, but after a lag of maybe a week or even longer.  A judgment is not valid until docketed and in many courts it is the responsibility of the judgment creditor to have the clerk enter (docket) the judgment.  There have been cases where judgment creditors have neglected to enter their judgments or else have delayed entry for strategic reasons.

If you were never properly served, you should have a very good chance at getting the judgment vacated.

Message Edited by Underh20 on 07-24-2009 10:01 PM

[guiness56]

Judgments stay 7 years from the filing date. Paid or unpaid.

And you are correct, I was thinking tax liens when I said that.  Which I know they do not need to be renewed either.

It is only the SOL that is restarted if a judgment is renewed.

Message Edited by guiness56 on 07-24-2009 10:33 PM

[Underh20]

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@guiness56 wrote:

Judgments stay 7 years from the filing date. Paid or unpaid.

And you are correct, I was thinking tax liens when I said that.  Which I know they do not need to be renewed either.

It is only the SOL that is restarted if a judgment is renewed.

Message Edited by guiness56 on 07-24-2009 10:33 PM

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Judgments can be very tricky.

In several states (including NY) a judgment only needs to be renewed if it is to act as a lien against real property.  Let's take, for example, a money judgment upon a child support order in NY.  It is valid for 20 years, but to serve as a lien against real property it must be renewed after 10 years.  However, the same judgment can be used to execute against, say, a bank account for the entire 20 years without being renewed. 

To further complicate the issue, time limitations are calculated according to the statute in effect when the judgment was rendered.  The tendency now is for states to increase time limitations. 

It's also possible for a lien to serve as a judgment / judgment serve as a lien.  This is particularly common with issues involving taxes and child support. 

I think liens can stay on your credit report for an indefinite period of time if unsatisfied and for ten years once satisfied.  Maybe someone else has the exact time frames on that.

[ECHOBOI4U]

Don't get ahead of yourselves.  It is 7 years reporting.  That is it for a collections judgement.  OP: It will come off in 7 years.