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scorepower
Regular Contributor

public record

hello, i pullee my wife's report and she has a public record for $581. this was on her record in 2003. her score is 690 on myfico but 731 through securecredit. i remember talking to the collection agency that filed the judgement and it's actually from 1988?? she said they keep re-newing it. this is something she had co-signed for her father way back when. is there any way i can get this removed as it is keeping her from joining the 700 club. i'm also afraid if the collection agency re-news the judgement in 2010, it will look like a new judgement and will cause her score to go down. any suggestions on this would be great!
1/16/16 Credit Check Total FICO 08 Scores: TU 633, EX 651, EQ 629
Message 1 of 6
5 REPLIES 5
Tuscani
Moderator Emeritus
Message 2 of 6
Anonymous
Not applicable

Re: public record

If she pays it - they can't re-new right?

I know in AZ re-newing a judgment is very easy.
Message 3 of 6
Tuscani
Moderator Emeritus

Re: public record


§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

(a) Information excluded from consumer reports. Except as authorized under subsection of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.
Message 4 of 6
Anonymous
Not applicable

Re: public record

"antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period."
That is the key. IN AZ SOL on Judgments is 5 years- but can be renewed.

http://www.azleg.gov/ars/12/01551.htm 12-1551.

12-1551. Issuance of writ of execution; limitation; renewal; death of judgment debtor; exemptions

A. The party in whose favor a judgment is given, at any time within five years after entry of the judgment and within five years after any renewal of the judgment either by affidavit or by an action brought on it, may have a writ of execution or other process issued for its enforcement.

B. An execution or other process shall not be issued upon a judgment after the expiration of five years from the date of its entry unless the judgment is renewed by affidavit or process pursuant to section 12-1612 or an action is brought on it within five years from the date of the entry of the judgment or of its renewal.

C. The court shall not issue a writ of execution after the death of the judgment debtor unless it is for the recovery of real or personal property or enforcement of a lien.

D. This section does not apply to:

1. Criminal restitution orders entered pursuant to section 13-805.

2. Written judgments and orders for child support and spousal maintenance and to associated costs and attorney fees.

3. Judgments for supervision fees or expenses associated with the care of a juvenile pursuant to section 8-241 or 8-243 and to associated costs and attorney fees.

Message Edited by Timothy on 08-31-2007 07:33 AM
Message 5 of 6
scorepower
Regular Contributor

Re: public record

would a PFD work in this case?
1/16/16 Credit Check Total FICO 08 Scores: TU 633, EX 651, EQ 629
Message 6 of 6
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