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Question about judgements

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Anonymous
Not applicable

Question about judgements

There was a judgement against me in 2007 for roughly $2000.00. I was never served so a default was entered agaist me but thats not important. The judgement fell off my credit report about a year ago and my question is this, is there any way that it could be appear on my credit again? It is not satisfied, and they have recently taken out a garnishment for my state taxes. I am going to contact them and offer a settlement. 

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1 REPLY 1
RobertEG
Legendary Contributor

Re: Question about judgements

Legally, yes.

The exclusion period for a judgment is the later of 7 years from date of entry of the judgment by the court, or the expiration of the statute of limitations on enforceability of the judgment.  FCRA 605(a)(2).

 

The period of enforceability of a judgment varies by state, and is usually 10 years, with ability to extend.

 

The CRAs, likely of reasons of difficulty in knowing whether or not a given judgment is still enforceable, seems to rountinely exclude judgments based only on the 7 year period from date of entry, however that is not the legal requirement.

Will it be re-entered?  Likely not, but it could if the CRA was aware that the judgment reamined in force.

 

Additionally, the credit report exclusion periods are not absolute bars agaisnt inclusion of the adverse items in subsequent credit reoorts.

FCRA 605(b) specifically exempts all of the normal credit report exclusion periods under the conditions set forth therein, such as a request for a credit report with respect to a consumer-initiated request for credit in the amount of $150K or more. 

While such "full factual" credit reports are rarely requested, they are permiftted under the FCRA.

 

And finally, even if excluded by a CRA from credit reports they issue, judgments remain in the public record, and thus accessible by anyone.

Creditors considering larger principal amounts of credit, such as a mortgage, will routinely do their own public records searches.  Credit reports are not their only means of review.

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