How to get paid judgment off of reports

[sisyphuswins]

I had a judgment in 2011 that I settled and paid with the law firm representing Citibank.   

I have the following that was filed with the court:

Praecipe to Settle, End and Discontinue

     To the Prothonotary:   Mark the above matter Settled, Ended and Discontinued

The judgment has been taken off of my TU report based on this document, but not the EX and EQ.     Should I try sending this document again in the hopes that they'll eventually remove it?   Or am I better off filing a motion to vacate, and then using that?

Thanks!

[joeyoey]

I'd be interested in the best way to go about this too.  ...although I'm sure it varies some state to state.

I had a medical collection from 2006 that they got a judgement on me in 2011.  I contacted them in April of this year & settled and paid about 70% of it (they said they would consider it pif).  They've not even updated it as paid on my credit report.  It's 3 months later and now the collection agency won't return my calls or emails.  I suppose they have my money so there's no reason to take my calls.  lol

Is this something I can dispute and since it's no longer accurate the CRA would be forced to remove?  It's only listed on Equifax.

[gdale6]

Motion to Vacate needs to be filed in they wont accept the document you now have.

[sisyphuswins]

Thanks for the reply.   I searching around for a form to file, I discovered this:

 § 8104.  Duty of judgment creditor to enter satisfaction.
        (a)  General rule.--A judgment creditor who has received
     satisfaction of any judgment in any tribunal of this
     Commonwealth shall, at the written request of the judgment
     debtor, or of anyone interested therein, and tender of the fee
     for entry of satisfaction, enter satisfaction in the office of
     the clerk of the court where such judgment is outstanding, which
     satisfaction shall forever discharge the judgment.
    

I had to specifically ask for the document in post #1 to be filed.   But does that count as a satisfaction?
The court has marked the case as closed

[songsofexperience]

Satisfaction is not the same as Vacation. Some states allow for vacation after the judgment has been paid, others do not (it can also vary from court to court). I paid a judgment and then had it vacated all at the same time (all done through the attorney for Midland), earlier this year. It was vacated (before it even hit my CR) on the basis of being paid in full (the attorney filed a motion to vacate along with the Satisfaction).

I have another that I just paid in May that is from a different state and the court clerk there told me they don't allow for vacation on the basis of being paid. Vacation usually occurs when there's a clerical error or you were never served, etc, and there's a time limit on it. So this one I'm stuck with until it drops off in 2019 or so.

My advice: call the court and ask if they allow for a judgment to be vacated after it has been paid and satisfied. If they do, you may be able to file the paperwork yourself. They'll help you with this.

If you are negotiating on a judgment, agree to pay it if they agree to file satisfaction and a vacation at the same time (assuming vaction on basis of payment is allowed by the court).

Hope this helps.

[sisyphuswins]

That does help--a lot in fact.

However, my confusion isn't between "Satisfied" and "Vacated", but more between "Satisfied" and "Discontinued"

The case was in PA and that bit I quoted is PA law.   The document I have says it's settled and discontinued, but does that count as Satisfied?  Because "satisfaction" by PA law seems to mean "discharged" which I seem to remember from another older thread means it can be vacated.

Argh--the law is so knotty.   I'll call the court and see what they have to say. 

[songsofexperience]

Different language in different states - arg!

I assumed discontinued just meant satisfied as in they can't do anything else with it/to you! If you do call the court, I'd love to know what they say - good luck!

[sisyphuswins]

Just an update.   

I got Experian to remove it from my report, but Equifax are very stubborn.    I have disputed again, sending the notice to "Discontinue" and all they respond with is that it's satisfied. 

I found something on line from a lawyer online that says a discontinued judgment is not allowed to remain on a credit report.  I do have a lawyer who can write to them, but of course that costs more money and I'd rather try to do it without him if I can--he's working on other issues.   Anyway, I thought this info might be useful to someone.    I'm going to keep bothering Equifax until they cave

[undrtkr65]

I had a judgement that I disputed as not mine and equifax and experian removed within 24 hrs. You might be able to try it that way.

[gdale6]

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@undrtkr65 wrote:
I had a judgement that I disputed as not mine and equifax and experian removed within 24 hrs. You might be able to try it that way.

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One would not want to dispute a TL that actually belonged to them in this manner and we would not advocate such at My Fico.