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Judgement Question

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guiness56
Epic Contributor

Re: Judgement Question

Contact the OC and ask them to update or see if they can have it removed since it is paid.  I am not entirely sure how that is accomplished.
Message 11 of 18
creditwherecreditisdue
Senior Contributor

Re: Judgement Question


@guiness56 wrote:
Contact the OC and ask them to update or see if they can have it removed since it is paid.  I am not entirely sure how that is accomplished.

 

Judgments are not removed unless they are vacated or age off.
Message 12 of 18
Anonymous
Not applicable

Re: Judgement Question

how do you vacate a judgement?
Message 13 of 18
creditwherecreditisdue
Senior Contributor

Re: Judgement Question


@Anonymous wrote:
how do you vacate a judgement?

 

You can only ask the other/prevailing party to have the court vacate the judgment. You cannot make/cause it happen. You are asking for a favor. The other party does not have to do it.
Message 14 of 18
guiness56
Epic Contributor

Re: Judgement Question

A vacated judgment means it is void. 

 

I have read other posts where they have been deleted after paying but I do not know how they did it.

Message 15 of 18
creditwherecreditisdue
Senior Contributor

Re: Judgement Question


@guiness56 wrote:

A vacated judgment means it is void. 

 

I have read other posts where they have been deleted after paying but I do not know how they did it.


 

A vacated judgment means the court has issued an order declaring the judgment void. This can be done upon request of the prevailing party w/o interference by the court. Paying a judgment is not grounds for its removal. A paid judgment will continue to report for as long as the FCRA or state law allows. Some state laws (like NY) restrict the length of time paid judgments may be reported on consumer credit reports. In the case of NYS that period is five years.
Message 16 of 18
guiness56
Epic Contributor

Re: Judgement Question

I know what a vacated judgment is.  And I know what the reporting period is for a judgment. 

 

I merely stated that I have read posts where they have gotten paid judgments removed. 

 

I did not in any way imply that paying it was grounds for its removal.

Message Edited by guiness56 on 09-20-2009 11:32 AM
Message 17 of 18
Underh20
Frequent Contributor

Re: Judgement Question


@creditwherecreditisdue wrote:

@guiness56 wrote:

A vacated judgment means it is void. 

 

I have read other posts where they have been deleted after paying but I do not know how they did it.


 

A vacated judgment means the court has issued an order declaring the judgment void. This can be done upon request of the prevailing party w/o interference by the court. Paying a judgment is not grounds for its removal. A paid judgment will continue to report for as long as the FCRA or state law allows. Some state laws (like NY) restrict the length of time paid judgments may be reported on consumer credit reports. In the case of NYS that period is five years.

 

Actually, it is the judgment debtor that must petition the court to have a judgment vacated.  That the judgment creditor does not object is a plus.

 

A lot depends on what type of judgment it is.  For example, judgments rendered by housing courts can usually be vacated once paid.  Judgments resulting from your run-of-the-mill consumer credit contracts should not be vacated unless there were jurisdictional issues which if known at the time would have precluded the court from obtaining jurisdiction.  Even though the judgment is not technically elegible to be vacated, it never hurts to talk with the clerk of the court.  They could advise you of your options and chances of success.  Some courts / judges are very consumer friendly these days.  It never hurts to ask.

Message 18 of 18
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