Strategy Advice for Removing A Judgment

[PayYouNever]

Back in 2004 my landlord was able to get a judgment on me for non-payment of rent. So now a few years later when I'm hoping to pay the remainder off, I'm dealing with the landlord's attorney who also happens to be a CA.

The original judgment was for $3220, of which I made two payments (one for $600 and one for $200), however the CA claims he had no record of the payments although I do have the canceled checks. Currently, I'm negotiating with the CA to pay 40% of the original balance ($1288) and to have the landlord dismiss the lawsuit (which should take it off). After we spoke about the settlement a few times, I sent a CMRRR letter in order to get the process of "I want everything in writing" established.

After sending the CMRRR, I've heard no more words from the CA and I think he wants to wait it out as in California there's a 10% interest on all outstanding judgment amounts (he threatened this a few years ago). The thing about this attorney is that he's been reported to the State Bar a few times for misconduct in these type of cases. So I'm looking for some advice on the next step. I currently do have about $650 to pay him of the $1288 (which I hope he'll settle on), and was offering to pay the rest in two more installments.

I'm wondering if I should submit anything to the State Bar claiming that he never recognized documented payments and refuses to contact me in regards to additional payments, which I'm skeptical to give if he's not acknowledging cashed checks. This will probably piss him off, but if he wants to wait out the judgment until I pay the whole thing then I have to take some action. 'Cause I'm not paying twice.

[Anonymous]

You are not really going to be able to remove this item from your report because a judgment is a public record.  It will stay on your report for 10 years.  However, just getting it marked "PAID" will be a big help.  (But remember, judgment creditors can renew the judgment every ten (10) years until it gets paid.)  Furthermore, once a judgment becomes a matter of public record, there really is very little that can be done to reduce the debt.

You really need to get all of your paperwork together and go to a lawyer.  Unless you yourself know something about the law or work with credit issues on a regular basis, you need some help on this.  The reason you need legal counsel is because a judgment involves the court, and you will need someone to represent you in a court of law at some point. 

And you're right, the secured party (the judgment creditor) holds all of the cards in this matter and has no reason to hurry up the process except to get the judgment paid.  In fact, a judgment creditor is probably the most protected creditor in the world because he has the force of the law to back up his claim against you.  There must have been a hearing, you didn't attend, you didn't respond to the notice of default judgment, and now you are stuck with the judgment. 

And the judgment creditor knows that, sooner or later, you will pay the judgment.  You will pay the judgment because you want to buy a home or get a job.  Did you know that NO LENDER will finance a home for you with a judgment on your record?  That's because the judgment precedes the loan and, therefore, has priority over the Lender's lien.  In other words, if your home is foreclosed on, the judgment creditor gets paid before the Lender gets paid.  So, no Lender will put itself in that position.

Another reason you will pay the judgment is because you will realize that it shows up on a background investigation for a job.  Now, most employers will be OK with somewhat bad credit.  But very few employers want their employees to have judgments against them.  The employer could ask you to pay the judgment before you get the job.

So, get your paperwork together and go see your lawyer.  And prepare to make plans to pay back the judgment as soon as possible so that the interest stops adding to the debt.

Good luck.

[Anonymous]

You are so incorrect on this matter. For one if you did not go to court its a judgement by default and can still get removed. For another I just had a judgement removed off our credit reports back in June of this year. If the attorney is not keeping proper records I would report this to the Board right away. For another Fact Judgements come off in 7 years if paid not 10 the only things that are 10 is bankruptcy and tax leins are longer. You sould read this treat really close and it will give the answers you need and also links of where to go to get the info you need.

Debbie

[PayYouNever]

Here's the thing, I did go to court and I did file an Answer. The landlord was looking to evict, he had filed an Unlawful Detainer, but I had vacated the property by the time to court date came up -- I wasn't able to afford an attorney, so I went in to negotiate with the landlord's attorney. However, I did owe the landlord the money and the judge ruled in his favor -- now the landlord claimed I broke every mirror in the apartment (bathroom, bedroom, closet doors, etc.) and that was part of the original claim, but I had a visual record of when the final walk-thru that showed that wasn't the case when I turned the keys over to the building manager.

Those claims were dismissed and the actual amount owed in back rent was what was ultimately ruled I had to pay.

I had read on this forum and another credit forum, that if you can get the lawsuit (that resulted in the judgment) dismissed, revoked or dropped, then you can file for a Vacate of Judgment which will lift the judgment from the public record. This is what I'm hoping to have happen, but I need to get the landlord and the attorney to agree to drop/dismiss the lawsuit upon receiving the payment (settlement or full amount).

[Anonymous]

Have you tried a PFD yet if not you could start there. If not and you do pay it wait a while and do a GW or dispute not sure it the dispute will work unless you have a good reason but worth a shot. I would start with a PFD to the land lord first make sure to send it CRRR.