How to get paid Judgement removed??

[mazbo1]

Hey guys... been on the site for about two weeks now and I have learned alot... I have a paid that was paid in 2010 and I wanted to get it removed.  I have done endless searching and I am seeing mixed reviews and answers. Some say you cannot if they did not do something wrong ... some people say you can and they have done it... I called the clerks office and they gave me the run around... this is one of the blemishes on my credit that is holding me back.. any help would be very much appreciated... THIS SITE IS AWESOME!!

[guiness56]

Look up your state statutes and see if they allow for a judgment to be vacated after satisfaction.

[mazbo1]

Thanks !! I will do that now! 

[chapal75]

Last week I sent an email to the CA's lawyer and explained to him that I am in need of a loan and that my lender is requiring me to remove the judgment even though it has been satisfied for years now.To my luck the lawyer told me he would do it but he needed to confirm with his client (the CA). After getting the confirmation he filed the motion to vacate the judgment. It has been approved and signed by the judge. Now,as some members here suggested, as soon as I receive the signed copy, I will send letters to the CRAs and ask them to remove the TL. If they don't, I will then dispute it. So, I would suggest since your judgment has been paid, to ask the CA or their lawyer to do a "vacatur of judgment" or file a motion to vacate the judgment (I heard sometimes this can be denied). You can also offer to pay for their services. I did in my case but he didn't want it.

Following are some definitions that I have found on this forum. There are TWO ways to get a judgment removed. A vacatur of judgment is one, and a motion to vacate is another. They  sound similar, but different.

Vacatur  of Judgment - The creditor agrees to remove the judgment as if it didn't happen. This would be out of the goodness of their hearts, because it  doesn't say the judgment was entered in error. It says they remove or  cancel it. (Which is different from being paid or satisfied.) This is  more likely, I imagine, with local situations where you can talk to a  human who can make a decision. It's probably harder with a judgment from a CA or a big corporation.This is a one page form letter,  signed by the plaintiff/creditor and filed with both the court in which  the judgment was made (small claims, city, supreme) and with the county  clerk, which is the office that records and usually reports all  judgments and liens to the CRA. You do NOT need to talk to a judge for  this.

Motion to Vacate -  This can be done either by you or the CA (or their lawyer). I would think the situation below applies before you pay the judgment off.

You are asking a judge to  actually look at the case because you are saying it was entered in error in the first place and should be vacated (canceled, removed) on that  basis. The most common reason for such an error is improper service.  There's been some research that says that purposeful improper service in order to obtain judgments is rampant with collection agencies and some  legal service firms. They will sometimes serve the papers at an old  address, or say they gave it to you when they didn't. Another reason  might be the wrong identity, etc. In any case, if you want a judgment  vacated because it's in error, you must make a MOTION, which is a legal  word meaning you request the judge do something, and you are in effect  re-opening the case to be heard again. That is a more complicated  process, and is certainly worth it if there was improper service or  something. But if the judgment is accurate, and you pay it, then any  motion to vacate may not get you anywhere, except in a case like  mentioned above, where the judge chooses to be nice. They don't have to. This procedure is probably better handled by a lawyer for most  people, depending on how comfortable you are with the legal process. If  you do it yourself, go to the clerk of the court the judgment was  ordered by and ask them where you can find forms for a motion to vacate. You can also sometimes find forms on line, and probably at most public  libraries.

This forum DOES ROCK!!!

[Busaner]

Rather than start a new thread, I'm gonna piggy back off of the OP's original post.

I'm in a similar process trying to get a "Judgement Satisfied" mark removed from my CR. I called the court clerk and asked what the process to file a "Motion to Vacate" this judgement. I received a similar run around, with her claiming that it wasn't possible without going in front of a Judge. For me, there are a couple of options I'm no considering based on the previous advice that has been offered here. 

First, I could go to the Plaintiff, who is a single party who sued me over a car damage that I caused in an accident. I would have to track him down, since there has been no contact since I paid him in 2007. I don't see any reason he wouldn't be willing to file a dismissal of this judgement. 

Second, On the two CR's this judgement is reporting on (Experian and TU), the paintiff's name is printed inaccruately. Is this strong enough reason to dispute it all together wtih Experian and TU?

[mazbo1]

Chapal75 thank you for that great information. I will try this route first... It makes sense now with everything I have been reading for hours... Hopefully they dont charge me to do it but the way I look at it I rather spend the money to clear this stuff up than have it sit on my credit till September 2015...

[Anonymous]

I also have a judgement that's been satisfied and have a question.  I was sued by a law office here in Massachusetts on behalf of Capital One. I settled before court, made all my payments on time and had it satisfied. My CR says it will be on my report until 9/16. 

The same account is showing as Adverse as a paid in full charge-off and scheduled to come off report on 06/15

Should they both be there affecting my credit like this?

I've already sent Captial One a GW letter on this account (no reply yet)

If Capital One does anything at all for me, is there a chance both items will go away?

thanks

[mazbo1]

Well good news I called LVNC and spoke with someone in Customer Service.  I told her that I am in the process of buying a house and that old Judgment was holding me back.  She spoke to a supervisor and then started the process of the " Release of Judgment" she said it should take about 6 weeks and from there I can dispute it with the Credit agencies if it does not come off.  THAT WAS EASY!! Now hopefully my score can jump a good amount. 

[426MW]

My state allows the removal of a satisfied judgment.  I filed the motion but the judge overruled it as moot.  Not sure I fully understand how it was overruled, but it's just my luck for this to happen.....

[ktl72455]

Look up you state Civil procedures, you are looking for Rule 60.  Relief from a Judgment or Order 

(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

   (1) mistake, inadvertence, surprise, or excusable neglect;

   (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

   (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

   (4) the judgment is void;

   (5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

   (6) any other reason that justifies relief.