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Years ago, I got laid off work and went through some credit issues. I was able to salvage most items, but unfortunately I had a loan through a CU that would not work with me and I ended up with a judgment. The judgment was filed 7/2009 for approx $4,800.
Prior to receiving the formal judgment I did everything possible to avoid having the judgment filed and put on my CR, including reaching a payoff agreement (basically $100/mo with 0% until PIF) with the CU. Unfortunately even though an arrangement was reached, the CU refused to avoid filing the judgment unless the account was PIF before the court date. At the time, that was just not a realistic option so I was forced to accept the judgment. The only "positive" was that becuase I had reached an agreement with the CU they would NOT garnish my paychecks for the payments unless I was unable to honor the modified payback agreement.
I found new employment and worked my rear off. I was able to PIF the judgment on 1/2010.
Since then the judgment has remained on my CR's. It has been 3 years so I am not sure the negative impact the judgment is still causing on my CR; however, I would love to have this item removed if there is any possible way. Regardless of the numerical impact it has had on my credit scores, it has caused me much more personal grief as I know it's there and is not a true representation of my credit character.
Anyhow, if someone can point me in the right direction, I would be most thankful. I am looking to purchase a house in the near future and would like to get this removed before I start that process if possible.
One last thing, everything occured in the State of Oklahoma. I did find the statues for OK, but am not having much luck in finding wha I need. I am okay with using an attorney to help me file the necessary paper work, proceedings, etc. I just want it gone!
OK Statues (supposedly Title 12 according to the sticky):
http://www.oklegislature.gov/osStatuesTitle.aspx
Have you asked the CU and / or their attorney if they would consider filing a motion to vacate the judgment now that it has been paid ? Judgements remain on your reports for 7 years from the date they are issued and the issuing court would need to vacate the judgment in order for it to be removed.
I have not done anything because I was uncertain what the next step would be in the process. Is it really that simple? That seems insanely easy, all things considered. Of couse, I guess goodwill is part of the equation too. I would gladly pay any legal fees to have it removed.
Would it be better to pursue the lawyer, or the CU? Given the fact the CU wasn't overly interested in keeping this off my CR in the first place, I am not certain they would show any goodwill to have it vacated.
In theory that is how it works, but you'll likely have to get both the attorney and the CU to agree to it. Offering to pay any associated fees is a good idea too.
Is it possible the CU did not use an attorney? I ask because in OK we have a website where you can pull up court dockets online and I pulled mine. All the paper work has the name of the CU but I did not see an attorney listed. Is an attorney an absolute requirement?
Also, what is an average/typical cost for such legal fees to vacate?
Lastly, when I approach the CU/attorney, do I need to tell them anything special other than I am requesting they vacate since the judgment has been paid off and that I am wishing to clean up my credit?
I'd recommend that you have a quick discussion with a local attorney to better understand the practices and standards. They should be able to give you some specifics for OK. Or maybe someone from OK will chime in....
I'm from OK but have limited knowledge as to judgements. I do know it is usually dependent upon that particular court. You should contact the court where the judgement was filed and ask for their steps to having the judgement vacated. Some will let you just file yourself, it's a YMMV type of thing in the 77 counties.
A Satisfaction and Release of Judgment won't vacate the records it will just tell the court that the judgement has been paid.
+1 This will just show sastifaction that it was paid, you want it vacated. I don't live in Tulsa county. But another thing to do is to contact the attorney that filed for the judgement and ask what it would take for them to file for it to be vacated.