Equifax paid judgement, help requested before I pay/hire an attorney

[Anonymous]

I am trying to get a paid judgement removed from Equifax.   It has been removed from TU and Experian.  

In the satisfaction paperwork, it says:  "Plaintiff further requests that any contempt citation, show cause hearing or outstanding warrant related to any contempt proceedings be vacated herewith".

Equifax continues to verify the judgement, and has refused to provide a method of verification.

I filed a CFPB complaint, and they continued to verify.      The only thing that changed, is that the date now has the year "0001" on my credit report.   The judgement was filed and paid in 2014.

I have also filed a complaint with the BBB, no answer to that yet.

I have spoken with a local attorney, and he thinks he can get them to remove it.   It will cost between $250 and $500, depending on his time to compose the letter.

Is there anything else I can try, before I pay this lawyer?

Thanks so much for your help.  

[Anonymous]

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@Anonymous wrote:

I am trying to get a paid judgement removed from Equifax.   It has been removed from TU and Experian.  

In the satisfaction paperwork, it says:  "Plaintiff further requests that any contempt citation, show cause hearing or outstanding warrant related to any contempt proceedings be vacated herewith".

Equifax continues to verify the judgement, and has refused to provide a method of verification.

I filed a CFPB complaint, and they continued to verify.      The only thing that changed, is that the date now has the year "0001" on my credit report.   The judgement was filed and paid in 2014.

I have also filed a complaint with the BBB, no answer to that yet.

I have spoken with a local attorney, and he thinks he can get them to remove it.   It will cost between $250 and $500, depending on his time to compose the letter.

Is there anything else I can try, before I pay this lawyer?

Thanks so much for your help.  

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I don't see how that statement is any basis for removal. It simply vacates any charges of contempt that might have been associated with the case. It does not in any way vacate the underlying judgement, on its face. But it the lawyer thinks he has a chance and you are willing to risk $500 bucks on it....

[Anonymous]

Thanks Norman.  Just throwing it out there what the wording is.   I just want it GONE.    Just checking to see if I had any last recourse before I open my wallet.

[RobertEG]

The FCRA bases the exclusion of a paid civil judgment from a consuemer's credit report only on the date of entry of the judgment.

Exclusion is not later than 7 years from the date the court entered the judgment.

FCRA 605(a)(2).   Payment is not basis for its exclusion.

As long as the judgment is in the public record and less than 7 years has expired since the date of entry, the CRA can verify based only on the review and finding that it is still in the public record.  Method of verification appkies to adverse items than are "reported" by a furnisher, such as a creditor or debt collector, and applies to requiring the CRA to disclose who they referred the dispute to for its investigation.  There is no referral of a dispute related to public record information.

The judgment is removed only if it is vacated from the public record, and thus no longer verifiiable as being a judgment.

Statemtns made by a judgment creditor as to their views or requests for vacature are not relevant, as only the court can vacate their own judgment.

The consumer, depending upon the prevailing statute/rules of civil procedure in a given state, may be able to motion the court for vacature based on the judgment havng been paid,  It is up to the court to hear any motion to vacate.

What did your attorney state was his/her basis for "thinking" that they could obtain removal of the judgment?

You may wish to call or visit the clerk of the judgment court for their advise on the handling of motions to vacate before their court.

That is part of their job.

[Anonymous]

Thank you Robert, I will look into filing a motion to vacate, if I can.   I know that we can file a motion to "set aside" in my state, is that the same thing?

The attorney has had success in the past, he said sometimes it's just a matter of them recieving something on a legal letterhead.  He said it should no longer be on my record.  He is local, and is familiar with state laws.      If I have to live with it, I can, but I would rather have it deleted.   It was for a very small amount of money and was for an old debt I had not been aware of, as soon as I received it I payed immediately.   Since then it has been a huge thorn in my side. 

If I can file the motion myself to vacate it based on satisfaction, or "set aside" (if indeed that is the same thing?)   I would rather do it myself.