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Anyone have any luck with public records?

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kjel
Established Contributor

Re: Anyone have any luck with public records?

As part of my negotiation for resolving a default judgment against me for an unpaid hospital bill, I requested that a consent order to vacate the judgment be filed in exchange for payment. I used an attorney because I was past the 1 year mark to file a motion on a default judgment, but I prevailed and the motion was granted by the courts and removed from my credit reports.

 

As a previous poster mentioned, the courts do not directly report to the CRAs but there are people who just extract info from court records which is shared with the CRAs who then update CRs.

 

Not every state allows for paid judgments to be vacated, some you are just stuck with the judgment showed as "satisfied" which means that you and the creditor have agreed that the matter is resolved.

Current Score: TU: 674 | EQ: 722 | EX: 717 | Last Inq. 2/16/15...Locked Up in The Garden
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Message 11 of 17
antso91
Regular Contributor

Re: Anyone have any luck with public records?

I really hope CT isn't one of the states that does not allow the judgment to be vacated. Do you think the women from the Law Library I spoke with would have said that was the case when I was asking about it earlier?

Message 12 of 17
antso91
Regular Contributor

Re: Anyone have any luck with public records?

So I just got off the phone with somone from the law office where they sent me the judgement and the guy basically laughed at me. He told me that since it was satisfied already there was no reason to reopen it to set aside or vacate the judgement and that he didnt think It would come off my report. He was a complete *** and literally was laughing about it. I'm guessing I should try another lawyer? I dont know...

Message 13 of 17
Anonymous
Not applicable

Re: Anyone have any luck with public records?

I'm in TN, and there are no online forms for this state either. I drew up my own form by copying a form from one of the other states. I did mine exactly how there's was done, copied exactly, except that I changed the info (name of the court, plaintiff, defendant, etc...) around, and tailored it to fit my case. People at the law office who I dealt with told me the same thing that that guy told you. Don't listen to what he's saying. If you can't do the form yourself, find another attorney to just draw the form up for you. You don't need the atty to represent you in court, just just need that motion drawn up and filed so you can get the judge to sign off in it. I was told exactly the same thing that you were, but you know what? I disregarded what they said, copied a motion to vacate/ set aside form from another state (customized with the info for my case), and went to the Clerk's office and filed it. I have a court date set for a week and half from today, for to judge to sign off on that motion so I can send it to the CRA to have it deleted from my credit reports.
Message 14 of 17
kjel
Established Contributor

Re: Anyone have any luck with public records?


@antso91 wrote:

So I just got off the phone with somone from the law office where they sent me the judgement and the guy basically laughed at me. He told me that since it was satisfied already there was no reason to reopen it to set aside or vacate the judgement and that he didnt think It would come off my report. He was a complete *** and literally was laughing about it. I'm guessing I should try another lawyer? I dont know...


Of course there is no motivation for them to help you. They sued you, they won, and you paid. Nothing left for them to do. There's always a possibility for a judgment to be vacated, you just need to have cause to do so.What those causes are in your state depend on its laws.

 

My own case was due to lack of proper service, the notice went snail mail to my old address and was not forwarded nor was it returned to the creditor. Believe it or not, that is sufficient "service" in my state.

Current Score: TU: 674 | EQ: 722 | EX: 717 | Last Inq. 2/16/15...Locked Up in The Garden
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Message 15 of 17
antso91
Regular Contributor

Re: Anyone have any luck with public records?

Thank you both for all of the help. My only concern now is to try and think of valid reasons why it should be vacated other than "I want it off my credit reports" any suggestions? Also do either of you think it will be an issue that this was from over a year ago? Thank you for the help.
Message 16 of 17
antso91
Regular Contributor

Re: Anyone have any luck with public records?

UPDATE:

 

So I went and saw a family friend whos is a lawyer and she said it was NO problem. She actually knows the head Lawyer of the place that sued me and gave him a call. Within 5 minute he had agreed to let her file a motion to vacate the judgement and they wouldnt fight it. She submitted the satifaction of judgement and she is just waiting on a form from him and I should be all set. She is also doing this all free of charge.

 

I literally cant thank you guys enough for helping me out, I had absolutely no idea that any of this was even possible until you all explained this to me, so excited to see if my scores will jump at all when this is finally removed.

Message 17 of 17
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