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Contributor
Posts: 78
Registered: ‎01-13-2008
0

Florida Amex Judgment

Hello all,

 

It's been a while since I've been on here. Unfortunately, I screwed up with my Amex in early 2012 and just got stupid with it. Amex hired an attorney in Ft Lauderdale taking it to court in my county (10 hours away) and since I never responded, a default judgment was entered. I have the money to pay the judgment, but want to know the best way of going about it to get it off my credit report. From what I've read in past posts, a judgment can be vacated once it's paid. Since the credit account itself is not on my credit report, only the judgment, will this keep Amex off my credit report altogether? Should I send a letter to the attorney offering to pay it in full to have it removed? Thanks for any advice!

Moderator
Posts: 22,105
Registered: ‎12-13-2013
0

Re: Florida Amex Judgment


mistaritalian wrote:

Hello all,

 

It's been a while since I've been on here. Unfortunately, I screwed up with my Amex in early 2012 and just got stupid with it. Amex hired an attorney in Ft Lauderdale taking it to court in my county (10 hours away) and since I never responded, a default judgment was entered. I have the money to pay the judgment, but want to know the best way of going about it to get it off my credit report. From what I've read in past posts, a judgment can be vacated once it's paid. Since the credit account itself is not on my credit report, only the judgment, will this keep Amex off my credit report altogether? Maybe maybe not, odds are yes since it isnt reporting now

Should I send a letter to the attorney offering to pay it in full to have it removed? No, such an offer is moot since they can just garnish your wages or seize your bank accounts. Thanks for any advice!


Once the judgment has been paid the atty needs to file a satisfaction with the court, once this is done you can move and make your motion to vacate on grounds it has been paid. Good luck Smiley Happy


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Contributor
Posts: 78
Registered: ‎01-13-2008
0

Re: Florida Amex Judgment

Well apparently I was incorrect about the Amex account. It's on my credit report as a judgment and a charge-off. I'm contacting their attorney regarding paying the judgment. I did some research regarding Florida law, and rules of civil procedure state that, with my filing of a motion to vacate, the judgment can and will be vacated upon satisfaction.

Epic Contributor
Posts: 21,296
Registered: ‎03-19-2007
0

Re: Florida Amex Judgment

While I have not read the FL code, I suspect that it does not say that it must be vacated.

Vacature based on satisfaction of a judgment is usually discretionary on the part of the judge, and not automatic.

It is usually a motion seeking relief from the court, and requires their grant of the requested relief.

 

Can you provide the language of the FL code?

 

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