CC Transcript Judgment Help

[gary9846]

I was hoping someone could point me in the right direction of offer some advice. I have a Cap1 judgement which fell off all three of my credit reports as soon as it was satisfied. Date filed: 12/10/2004, Date satisfied: 10/18/2011

Court records available online (CaseNet - Missouri, was filed in St Louis County) have always reported both the original judgment and a second, "duplicate" judgment filed on 10/19/2005. This entry is Case Type: CC Transcript Judgment and reports Date Satisfied: not yet on file.

Equifax has always reported both of these public records and the later transcript judgment is still there. (TU and EX have both only ever reported the original so are not an issue.)

When I asked Kramer and Frank (CA) to file notice of satisfaction, they told me, "The transcript  records the judgment for the purposes of placing a lien on any real property while the actual judgment is unsatisfied.  Once the actual judgment is satisfied, the transcript judgment is no longer active.  There is no separate satisfaction that would be filed.  I hope this helps you."

I'm hesitant to dispute this to Equifax for fear the original could pop back up as I'm planning to start house-hunting in the spring. In terms of negative credit, I'm down to this, one paid collection from 2006, and some spotty mortgage history prior to 2009.

Anyone have any idea what I can or should do regarding this transcript judgment?

[RobertEG]

Tax liens are the only type of adverse item for which the CR exclusion date is pegged to the date of payment.

Judgments are pegged to the date of entry of the judgment, not the date satisfied.

You need to clear up the actual date of entry of the judgment, not its satisfaction.  The second "judgment" needs to be shown to not legally qualify as a new court judgment that resets the date of entry.

[gary9846]

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@RobertEG wrote:

You need to clear up the actual date of entry of the judgment, not its satisfaction.  The second "judgment" needs to be shown to not legally qualify as a new court judgment that resets the date of entry.

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Thank you for the response! Any idea how I do that? Do I contac the court clerk? Kramer and Frank? Thank you!

[Anonymous]

bump!

I have this same problem with the same companies involved. It showed up on a title search. How can we take care of this?

[StartingOver10]

Call your title company that pulled the record and ask them what they need to show it was satisfied. Then go back to the Cap 1 attorney and show them what you need.  I am assuming the judgment was paid like the OP, right?

[Anonymous]

Yes it was paid - and actually the attorney just emailed me satisfaction of judgement letters for both cases. Thanks to all.

[StartingOver10]

Make sure the satisfaction is recorded in the public records. That is for your protection and besides the lender will require it. Usually the judgment holder records the satisfaction.

[Anonymous]

Will the court accept if i send it? It is on a letter head from the lawyer stating the judgement  has been satisfied, here is the reply when i asked them to send it to the court:

"See attached letter and copy of the satisfaction. We only file a satisfaction for the actual case, the satisfaction covers both the lien and the case. I have attached a letter stating that both of these have been satisfied. "

[StartingOver10]

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@Anonymous wrote:

Will the court accept if i send it? It is on a letter head from the lawyer stating the judgement  has been satisfied, here is the reply when i asked them to send it to the court:

"See attached letter and copy of the satisfaction. We only file a satisfaction for the actual case, the satisfaction covers both the lien and the case. I have attached a letter stating that both of these have been satisfied. "

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Contact the title company to show them a copy of what he sent. If it's not acceptable, ask them what to do. The court clerks might help you, but you are better off bringing it to the attention of the title company you are working with to make sure it is recorded correctly. Many times they will send it in to be recorded if you ask nicely and pay the recording fee for your county.  As you can tell, I don't really trust the collection attorneys to do the right thing - it is in their best interest to make an *error* by not recording the satisfaction. I don't know what your jurisdiction requires, but your local title company/title attorney will know.