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How do I remove a PAID civil judgment from my credit report!?

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Anonymous
Not applicable

How do I remove a PAID civil judgment from my credit report!?

Hello everyone!

 

Capital One filed a civil judgment against me in my county in New Jersey after my credit card debt was charged off in April 2010. As you can see, a few years have passed. I have tried disputing any little discrepancy I could find regarding this account with the hope that 30 days would go by and it would eventually be deleted, but no luck. My auto loan is through Capital One ironically, so I called the company multiple times to see what I could do but I either got the run around or they referred me back to the court. When I call the court they tell me that I have to send the satisfaction of judgment letter to the three credit bureaus. But when I did this (twice) the credit bureaus simply updated the entry instead of removing it. In retrospect I know it was a bad idea not to negotiate with the creditor to pay for removal, but again I was young and dumb (cliché) and had no help from anyone. Again, this account is already paid and shows up on my credit report as PAID IN FULL/CIVIL JUDGMENT. I am trying to get approved for a mortgage so I desperately need help! If anyone knows how I can go about having this judgment removed from my credit report please share. Any advice is greatly appreciated! Thank you all for your time.

 

The credit report entry looks something like this:

 

Camden County Special Civil Part

Docket #: DCXXXXXXXX

Date Filed: 04/20/2010

Date Paid: 10/21/2010

Amount: $1,715

Court Type: Circuit Court

 

Thanks again everyone!

Message 1 of 5
4 REPLIES 4
gdale6
Moderator Emeritus

Re: How do I remove a PAID civil judgment from my credit report!?

If NJ allows one to file a motion to vacate on grounds that its been paid then that is the way to go, you would file it in the same court that granted the judgment. Good luck Smiley Happy

Message 2 of 5
Anonymous
Not applicable

Re: How do I remove a PAID civil judgment from my credit report!?

Thanks for the reply! When I called the court a few times I tried to explain that I wanted to file a motion to vacate, but I feel that because I wasn’t knowledgeable on the process they did not understand. Is there any specific process that I have to follow? I’ve been searching the internet like crazy on this matter and I do conclusively believe that in New Jersey I can file a motion to vacate a paid judgment. Any more help would be greatly appreciated! Thanks again!

Message 3 of 5
gdale6
Moderator Emeritus

Re: How do I remove a PAID civil judgment from my credit report!?


@Anonymous wrote:

Thanks for the reply! When I called the court a few times I tried to explain that I wanted to file a motion to vacate, but I feel that because I wasn’t knowledgeable on the process they did not understand. Is there any specific process that I have to follow? I’ve been searching the internet like crazy on this matter and I do conclusively believe that in New Jersey I can file a motion to vacate a paid judgment. Any more help would be greatly appreciated! Thanks again!


You would head on over to the State of NJ website and look up the civil codes that control judgments, you want to look for the reasons one can vacate a judgment, in most states it would say in the list of reasons "Satisfied" some states use the word dismissed even though that word really is synonomous wuth vacate. Once you confirm its possible its just getting it written down in legalease that the court will accept, you might able to find a generic guide on the web on how to prepare the motion, once you have it printed out and you sign it you would then file it with the clerk of the court, there could be a fee involved as well. In some states you would have to serve the plaintiff with the motion in others the court will automatically do it. A court date is then set to hear arguments on it, your argument before the court would be the state law that allows it to be vacated if its paid (print the law and print it to court with you). The plaintiff may not even show up since its been paid, this is the best outcome then you get the default win on it.

Message 4 of 5
Rebuilding69
Established Contributor

going to post a similar Re: How do I remove a PAID civil judgment from my credit report!?

I was going to post a similar message, but since this is here already, on the 1st page, I'll ask here. I live in Washington State, and was going throught the CR 60(the list of reasons to file a motion to vacate a judgement/order) & I found the following list online:

 

 

MOTION FOR ORDER TO SHOW CAUSE
RE: VACATE JUDGMENT/ORDER Page 4 of 5

Civil Rule 60(a): Clerical mistake(s) in the Judgme
nt, Order, or other parts of the record;

Civil Rule 60(b)(1): Mistake, inadvertence, surpris
e, excusable neglect or irregularity in obtaining
the Judgment/Order;

Civil Rule 60(b)(2): Erroneous proceedings against
a minor or person of unsound mind and the
condition of the defendant/respondent did not appea
r in the record nor was the error discovered
during proceedings;

Civil Rule 60(b)(3): Newly discovered evidence whic
h by due diligence could not have been
discovered in time to move for a new trial under CR
59(b);

Civil Rule 60(b)(4): Fraud, misrepresentation or ot
her misconduct of an adverse party;

Civil Rule 60(b)(5): The Judgment/Order is void;

Civil Rule 60(b)(6): The judgment has been satisfie
d, released, or discharged, or a prior judgment
upon which it is based has been reversed or otherwi
se vacated, or it is no longer equitable that the
judgment should have prospective application;

Civil Rule 60(b)(7): If the defendant was served by
publication, relief may be granted as prescribed
in RCW 4.28.200;

Civil Rule 60(b)(8): Death of one of the parties be
fore the Judgment in the action;

Civil Rule 60(b)(9): Unavoidable casualty or misfor
tune preventing the party from prosecuting or
defending;

Civil Rule 60(b)(10): Error in judgment shown by a
minor, within 12 months after arriving at full
age;

Civil Rule 60(b)(11): Any other reason justifying r
elief from the operation of the judgment;

So if I'm not mistakenly reading this, I can use Civil Rule 60(b)(6) before the judge as a valid reason to have the judgement vacated if the judgement has been satisfied(fully paid off), correct? I realize I have to have the CA that sued me served as well, but I'm hoping that wouldn't be a problem since it's CMRE Financial, and I hear they are pretty good at doing PFD's, so I'm hoping they wouldn't have a problem with this since they needn't even show up for anything.

 

But I wanted to make sure I'm not reading that wrong. I can use CR 60(b)(6), correct?

 




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