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Member
Posts: 14
Registered: ‎03-28-2013
0

Another Judgment Question

OK here's one for the Judgment folks.

 

On all three reports they list a judgement against me and my wife. However, when I contact the court they don't have a Judgment listed even though there is a case number, but doing a deed search shows a Writ of Fi. Fa that was filed and the a Affidavite of Cancellation of the Writ of Fi. Fa. and niether list a Judge being involved.

 

When I asked the clerk of courts about it and my CR's, they said to send a copy of the cancellation to the CRA's to get it removed. my question is, does this sound right? Should i mail this in or should I call each then and email the copy that I have gotten.

 

Thanks in advance for any help you can give.

 

NF

 

 

Member
Posts: 14
Registered: ‎03-28-2013
0

Re: Another Judgment Question

I have done more research into this and it seems that the Lawyer for this judgement sent in paperwork to cancel the Writ of FIFA, but did not actually send in the Satisfaction of Judgement to close the case.

 

Besides calling the lawyer, which I tried and haven't gotten a response back, is there something I should do? If I get a hold of him, I am going to see if he will just have the whole thing removed, but I am worried if I can't get a hold of them what I should do?

 

Again any advice is welcomed.

 

thanks,

NF

Moderator
Posts: 22,406
Registered: ‎01-17-2008
0

Re: Another Judgment Question

If there was no judgment how did it end up on your CR?

 

I would send the cancellation notice to the CRAs and see what comes of that.

 

Was it paid or was there an error?

Member
Posts: 14
Registered: ‎03-28-2013
0

Re: Another Judgment Question

Thanks for the reply guiness.

 

It was a Consent Judgment and we did complete making payments. We thought we were stopping it from going to the courts, but it was sent anyway, and really didn't understand the difference at the time. I will send that in, just not sure, since the lawyers did not put in the Satisfaction, the the CRA's will still list it as the case is not offically closed.

Moderator
Posts: 22,406
Registered: ‎01-17-2008
0

Re: Another Judgment Question

The attorneys are bound by law to submit that satisifaction letter within a certain time frame.  I would be all over them.

Member
Posts: 14
Registered: ‎03-28-2013
0

Re: Another Judgment Question

Thanks again guiness. Just looked it up and it seems that they had 60 days and its almost a year. would that be grounds for removal from my record? I know, probably a lawyer question.

Moderator
Posts: 22,406
Registered: ‎01-17-2008
0

Re: Another Judgment Question

[ Edited ]

I doubt it would be grounds for removal. It depends on your state statutes.

 

I would try what the clerk said and send in those cancellation papers.  It's worth a try.

 

Do you know if the attorney is also a debt collector?  What was the judgment for?

Member
Posts: 14
Registered: ‎03-28-2013
0

Re: Another Judgment Question

[ Edited ]

They were representing Arrow Financial Services, for a CareCredit Account. that we fell behind on.

 

Thanks for your help. will try and send the cancellation to the CRA's and see if that will get them updated.

 

 

Member
Posts: 14
Registered: ‎03-28-2013
0

Re: Another Judgment Question

Leave to the wife, to get things straightened out.

 

She reached them and they are resolving it, but said it was like that because we still owed 7 dollars after them even sending a paid in full letter.

 

thanks again for your help Guiness!!

Valued Member
Posts: 44
Registered: ‎10-13-2010
0

Re: Another Judgment Question

How do you find out what the time frame is?  I'm having same problem that I just posted about.  Judgment satisfied 60 days ago and still not reported.  CA is not responding.

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