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New Member
lilimc
Posts: 4
Registered: ‎10-12-2012
0

Judgment

I live in Texas and I had a judgment on my credit report which was not valid. I found it by reviewing credit report and I did not recognize the company or any of the information. I went to the courthouse and had the file pulled and discovered that the judgment was grated because I never responded or showed up to court, but the date and address that it shows the request was sent to was not my address. So not only was it not my debt but I never knew I was being sued. I tried to contact the law firm from the court documents but I received no response. I never paid the judgment because I refused to blindly pay a debt that was not mine and now the judgment has fallen off my credit report because it has been 7 years. Is this something I should still worry about? We want to buy a house and I do not want this coming back to haunt me.

Mega Contributor
RobertEG
Posts: 18,418
Registered: ‎03-19-2007
0

Re: Judgment

Yes.  Judgments have their own dates of legal enforceability, normally 10 years, and in most jurisdictions can be extended upon the judgment creditor going back to court and showing unseccesful attempts to collection, which may be the reason they are contacting you now.

 

Expirpiration of the credit report exclusion period on a judgment does not negate the judgment.  It also remains a public record which can be found through a public records search, and is thus readity determined outside of simply no longer being in your credit report.

 

Since you have access to the court records, compare the method of service shown in that record with the requirments in your jurisdiction.

If service was improper, you can file a motion with the court to vacate, which, if granted due to error in the judgment, will entitle you to a new day in court.

New Member
Alexia94582
Posts: 4
Registered: ‎02-07-2013
0

Re: Judgment

Hello,

 

What exactly happened? The debt was not yours. A judgment was entered against you, and why. Who do you believe may have caused this? Was this an


lilimc wrote:

I live in Texas and I had a judgment on my credit report which was not valid. I found it by reviewing credit report and I did not recognize the company or any of the information. I went to the courthouse and had the file pulled and discovered that the judgment was grated because I never responded or showed up to court, but the date and address that it shows the request was sent to was not my address. So not only was it not my debt but I never knew I was being sued. I tried to contact the law firm from the court documents but I received no response. I never paid the judgment because I refused to blindly pay a debt that was not mine and now the judgment has fallen off my credit report because it has been 7 years. Is this something I should still worry about? We want to buy a house and I do not want this coming back to haunt me.


 

identity theft situation.

 

Once you reply, I be more than happy to answer your question. I am confident I will have the right answers for you.

 

Alexia

Mega Contributor
RobertEG
Posts: 18,418
Registered: ‎03-19-2007
0

Re: Judgment

[ Edited ]

To presume identity theft as the culprit and get it removed from your CR under FCRA 605B will require filing of a police report asserting identity theft.

In my opinion, it might be a bit premature to attest that the debt/account was never authorized by you simply due to lack of recognition of the name of the reporting party.

 

My first approach would be to determine whether the judgment is deficient based on lack of proper service of notice.

Different jurisdictions have different rules governing proper service, and often dont require showing of actual, personal service upon the plaintiff.

What is stated in the court record as having been acceptable notice of service, and does that comply with the rules of procedure in your jurisdiction?

What evidence was presented at court to establish you as the party responsible for the debt?  That should shed some light on how/why they assert you as the responsible party.

 

I would review that record carefully before pursuind identity theft as the culprit, which will also address what is, in my opinion, the more serious issue.... the legitimacy of the judgment.  Your real issue appears to be with the court at this point.

New Member
lilimc
Posts: 4
Registered: ‎10-12-2012
0

Re: Judgment

I do not believe the debt is mine but I am not ready to say it was identity theft. I was not properly served and notified of a pending court date and therefore was not allowed to dispute the debt. From the court papers the original debt was with Providian and they are not even in business anymore.

Community Leader
Senior Contributor
StartingOver10
Posts: 4,519
Registered: ‎03-06-2010
0

Re: Judgment

The judgment is still in effect even if the underlying lender is now out of business. Judgments get sold just like other debt. That doesn't mean you can't fight it, but just because Providian is no longer around doesn't mean the judgment goes away. It might make it easier to get the judgment vacated though. It is worth trying. The best possible thing for you is to get it vacated, the next best thing is to get a Satisfaction recorded by the judgment creditor that holds it now.

New Member
lilimc
Posts: 4
Registered: ‎10-12-2012
0

Re: Judgment

How do you get a judgment vacated?

Mega Contributor
RobertEG
Posts: 18,418
Registered: ‎03-19-2007
0

Re: Judgment

If you can show the court that you have made good faith efforts to contact the judgment creditor and simply have exhausted your efforts to satisfy the judgment, they might set a hearing, calling the judgment creditor to court for explanation.  If they dont show, you might have basis for the court vacating the judgment

 

I would begin by calling the clerk of the judgment court and explain your dilemma.

New Member
lilimc
Posts: 4
Registered: ‎10-12-2012
0

Re: Judgment

Thank you.

Established Member
Makin_the_Climb
Posts: 16
Registered: ‎02-13-2009
0

Re: Judgment


lilimc wrote:

I do not believe the debt is mine but I am not ready to say it was identity theft. I was not properly served and notified of a pending court date and therefore was not allowed to dispute the debt. From the court papers the original debt was with Providian and they are not even in business anymore.


Just an FYI my Providian CC Account  was bought by Washington mutual (WAMU) Which was then bought by Chase. So just because Providain isnt around any more... Someone else might own the debt now.


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