HELP NEEDED: Do I have grounds for a motion to vacate paid judgment?

[Anonymous]

Long story short, I was issued a judgment in March 2013 for unpaid rent in an apartment that I lived in. I was served, went to court, and moved out of the apartment before I was thrown out.

Fast forward to July 2015, I was trying to move into a new apartment in a new city and the judgment pops up on my credit. I contact the complex to set up an arrangement to pay the judgment in full to satisfy the debt of $2700. However, it was like running in circles to get a straight answer. The apartment complex was under new ownership and couldn't easily find a record of me as a tenant in their records. 

I was adamant to get this paid off and lessen the sting on my report, so the complex did some digging and found the lawyer that originally filed the judgment on behalf of the apartment complex while under previous ownership. I contacted the lawyer and made arrangements to pay the debt in full (didn't know any better). I paid the full amount in 7/2015.

I checked my credit report and here is how it currently reports:

Equifax: Filed (3/2013) // Satisfied (3/2013)

TransUnion: Filed (3/2013) // not reporting as satisfied

Experian: No record of judgment

I got the lawyer to mail me a notice of satisfaction in 07/2015, but my reports still look like nothing has happened. I e-mailed the lawyer (GW attempt) asking him to file a motion to vacate due to satisfaction - I'm trying to clean up my credit in attempts to buy a house in the future. This morning got a scathing phone call back telling me that I didn't indicate any error so there is no "legitimate basis" for filing one and asking me to not contact him regarding this again since he cannot help me. [Side note: through this entire process, he has been entirely insufferable to work with... although I realize he is not representing me, but gosh, just awful.] 

He did, however, state that if I thought there was fault/error then I could file a motion to vacate and he would look at it. He said if he "thought there was merit to it" he would not oppose it. 

I say all that to ask this... DO I HAVE ANY GROUNDS TO FILE A MOTION TO VACATE? I figured I would ask, especially given the fact that the apartment complex which sued me basically doesn't exist anymore (new ownership). If not, should I dispute it with the bureaus? I would appreciate it more than you know if someone would weigh in and give me some perspective.

Thanks!

[RobertEG]

Check the statute for your state that defubes reasons for vacature of a judgment on a debt, and see if your state permits grant of relief based on the debt having been satisfied.

Some states permit vacature based on satisfaction, while others do not.

It is certainly understandable that an attorney would consider it a conflict to file motions with the court on behalf of the opposing party of his client.

[Anonymous]

UPDATE: Hi myFico community... I would like to get some more clarity around this. Here's my scenario

• Judgment is fully paid
• Equifax shows 'Satisfied' as of March 2013, TransUnion does not have a status nor paid date, Experian does not list it
• I live in Virginia

What are my options to have it vacated? Do I do this myself or should I hire an attorney to handle it? Just want to get it removed from my credit file if possible.

Thank you. 

[Anonymous]

Do a google search on "Virginia Motion to vacate" or "Virginia motion to set aside"

[kjm79]

All the creditor attorney is obligated to do is report that the Judgment is satisfied. They don't work for you and are not likely going to incur additional attorneys' fees and costs to vacate a judgment on your behalf. Waht the attorney is telling you, file the motion yourself, and he would not object to is quite common practice.  

A creditor doesn not have to remove a judgment just because it's paid. It's already been suggested to check your State's law on what the grounds are for vacture of a Judgment. That would be your next step. 

[RobertEG]

The court, not the plaintiff, grants vacature.

The only involvement of the prevailing plaintiff would be their filing of a motion in opposition, if they felt so inclined.

They have state, via counsel, that they will not oppose, so it is left entirely at the discretion of the judge.

[Anonymous]

Are you sure that the judgement was for money or was it for the premises only? In California, landlords have to file two separate cases: one for the unlawful detainer and another for rent owed. It you def didn't pay in 3/2013, but it's showing satisfied as of then, it might be for the premises only (which you satisfied when you moved out). I would check with the court's records to see exactly what the judgement was for.

[Anonymous]

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@Anonymous wrote:
Are you sure that the judgement was for money or was it for the premises only? In California, landlords have to file two separate cases: one for the unlawful detainer and another for rent owed. It you def didn't pay in 3/2013, but it's showing satisfied as of then, it might be for the premises only (which you satisfied when you moved out). I would check with the court's records to see exactly what the judgement was for.

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Unlawful detainer suits will not show up on credit reports. A rental history report, yes, but not credit.

[Anonymous]

That's what I thought initially. I had one on my credit reports with EQ and EX. I was livid. I went to the court and they printed me my record and only the unlawful detainer was listed and it was satisfied. It did not list any monetary judgements, but somehow it was listed on the CRs. Ex deleted after I disputed it, but EQ gave me h-e-double L trying to get it removed.

[Anonymous]

I live in Va and had 3 judgments vacated. Two were showing on my TU file, one on EQ file, none on EX. The third One was not appearing anywhere in my files. Since I was applying for a mortgage, I also had the one NOT reporting vacated as well just for safe measures. Anywho, I worked with the Mgmt company of the apt complex and their atty to have the motions vacated. I worked all of that out before paying them. The apt complex agreed (in writing) and informed the firm to file the motions on my behalf. The law firm required me to pay the fees associated with filing the motions ($50 each). They sent me copies of the motions that they sent to the court. I kept checking the court site. Once they showed up as vacated, I disputed them. They were removed with no problems.