would a dismissed judgment ruin my husband's credit?

[Anonymous]

Hello everyone....

      I need help! My husband was sued by a creditor and I've called the creditor to try to get into an agreement. Well they told me that we could make monthly payments and they told me my hubby didn't need to show to court. Well we did just that and a couple of days after the court date we received an envelope from the court where it says that my hubby didn't appeared and the judge is ordering us to pay the creditor.

     I don't have any experience with this. I've called the creditor inmediately and told them we had an agreement. Now this judgment will go on my husband's credit etc...

     There is a note that says... *moreover, the parties stipulate that satisfaction within 30 days this judgment shall automatically convert to a dismissal.*

     We went and paid in full and the 30 days are not up yet. Does that means that the judgment will be dismissed and won't go on my husband's credit? if not... what can we do to keep it off his credit?? help please, I'm desperate!!

thank you in advance.

[Anonymous]

IMO  dismissed means GONE!  just keep an eye on ypur CR.

[Anonymous]

Thanks so much for your answer.  So does that note on the judgment means that since we've paid before the 30 days are up the judgment then will be dismissed?

An attorney told me that we need to have the judgment set aside and that even with that my husband's credit can still be affected if the creditor decides to report it. He said that I need to call the creditor and ask (beg) for a letter that states that they won't report it. 

Forgive me for asking what could be very obvious to most of you but I just want to make sure that we do what we are suppose to do and that the creditor doesn't fool us anymore.

*THE COURT ORDERS JUDGMENT AS FOLLOWS:

*Moreover, the parties stipulate that satisfaction within 30 days this judgment shall automatically convert to a dismissal*

Does that means that it won't go on my hubby's credit if it has been already paid in full??

[Anonymous]

Did you pay the $ to the court or to him?  Take proof of payment to the court - have them do their 'official' thing.  If he doesn't notify them that this was paid in the 30 days then yes it will (and only be marked as paid when he finally tells them).

If you make sure the court knows it's paid then it shouldn't but I would still monitor the situation.  SInce you have already paid it -- you had an agreement with the lawyer and he 'advised' you to not show for court and you ended up with a judgement and nhe didn't tell you that this is what would happen to 'insure' payment -  I would file a complaint with the state bar against him for whatever and all violations you can think of.

Message Edited by Lady_Scarlet on 01-30-2008 08:37 AM

[Anonymous]

Hi Lady_Scarlet,

    Yes we have already paid and the 30 days are not up yet. The creditor was the one who told us not to go to court because we have agreed that we would make monthly payments.

     The attorney I spoke to last night is not necessarily our attorney. He is a friend of my in laws and he said that appealing would be just a waste of time. Because it will be their word againts ours. I don't know how fair that is. The creditor said they sent us letters to let us know that they were going to take legal action but they sent the letters to our previous address. I don't even know why since we got the loan when we were living at our current address and they had our current adress and phone number.

      The attorney said that it doesn't matter and that the court will still give it to them because they did try to contact us even if it wasn't at our current address. I think that's so unfair if is true.

       I will make sure we take the receipt to court and file the motion to have the judgment set aside. The attorney did said that that's not enough for us to avoid going into my husband's credit? is that true?? he said that we need to ask the creditor for a letter that state that they won't report it to the credit agencies? I feel like they should be the one getting a penalty for lying to us but at this point I just want this to be over and not be reported.

[Anonymous]

Lady_Scarlet,

      We paid the money to the creditor.

[Anonymous]

GOOD NEWS!! My hubby's judgment was dismissed so the court is sending us a letter of dismissal.

I'm glad things worked out.

Thanks to the ones that took the time to answer my questions. God bless you!

[igdycsmG6]

LadyScarlet, I have two judgments that both appear to be dismissed. One has a dismissal date listed and the other flat out says the judgment has been satisfied and dismissed. I recently found this out when I went to the court house and got the papers. Both have been disputed but the CRAs has them listed as just satisfied. My question is what status must they say to be able to have them removed?

[Anonymous]

My husband's judgment was put to set aside. I think that's what it needs to say in order for the CRA's to remove it from your credit.

The court clerk told us that.

Good luck to you.