@monicar2009 wrote:
I am currently shopping for a mortgage and I have a civil judgment that is due to fall off 2013. The issue is that its over 10 years old and it keeps updating. I was never served properly with the original papers. The 2nd time they resubmitted to the court, I had moved to another apt in the same building and I was never served . It was originally $700 now its $1900. I also have a charge off that was $600 and now its $1600 due to come off in 2012.
Please advise me as to how to clean my report.
Thank you.
The judgment should not fall off until the CRTP has lapsed. The CRTP on a judgment that does not involve taxes or child support is 7 years or until the statute of limitations expires, whichever occurs first. Generally, however it is 7 years. In some states a judgment may be renewed and the renewal process establishes a new, separate judgment which can then be reported for an additional 7 years. From what you've described, I suspect that is what happened in your case.
Virtually all mortgage lenders will require that you pay off any unsatisfied judgments.
I would look at two possible solutions. First is to contact the judgment creditor and offer to settle by offering them, say, $700, in complete satisfaction. Many times a judgment creditor will accept less. One possible risk, though, is that they will pull your credit report, see you are in the process of obtaining a mortgage and insist on payment in full. They could also start to execute the judgment against you. That is one of the risks you take when awakening a sleeping bear.
What state are you in? The other solution, since you say you were never served, is to attempt a Motion to Vacate based on defective personal service. This will, however, take time and the outcome is not certain. You'd also probably be better off if you retain local counsel to assist.
