Hello All,
Just trying to get my CR cleaned up. I had a judgement that was placed in 6/2004. I do not remember receiving any kind of paperwork to go to court or anything of the sort. The actual acct itself went into collections at least 2 years prior to the judgement. When I view my EQ report via this site and as well as when I spoke w/ EQ (a few minutes ago) they show the judgement amt as being for $110k, and it is only showing up on my EQ report under the Public Record Information section. The thing about this is on the physical copy of my report dated Sept 2010 it says the amt for the judgement is $11k; So my questions are: If I didnt receive anything in the mail about going to court in regards to this, can I fight it still? Also, I would like to know who should I write in terms of the judgement amt being disputed and/or changed?
P.S. In fact I did default on a loan, therefore it is mine - I'm not trying to dispute that AT ALL, just the amt they say I owe... 
Thanks in Advance
Starting Score: 550
@IMPROVELIFE wrote:Hello All,
Just trying to get my CR cleaned up. I had a judgement that was placed in 6/2004. I do not remember receiving any kind of paperwork to go to court or anything of the sort. The actual acct itself went into collections at least 2 years prior to the judgement. When I view my EQ report via this site and as well as when I spoke w/ EQ (a few minutes ago) they show the judgement amt as being for $110k, and it is only showing up on my EQ report under the Public Record Information section. The thing about this is on the physical copy of my report dated Sept 2010 it says the amt for the judgement is $11k; So my questions are: If I didnt receive anything in the mail about going to court in regards to this, can I fight it still? Also, I would like to know who should I write in terms of the judgement amt being disputed and/or changed?
P.S. In fact I did default on a loan, therefore it is mine - I'm not trying to dispute that AT ALL, just the amt they say I owe...
Thanks in Advance
If you do not recall being served, there is a chance that service was defective and that you would be able to file a Motion to Vacate. Since the whole issue of service can be complex and confusing, I would first get the court clerk to send you the complete file including the Return of Service in order to see just how it was that they did serve you.
Of course, if you file a Motion to Vacate the court will likely hold a hearing at which time the judgment creditor will appear and, if the judge orders the judgment vacated, will likely sue you again on the spot. I would be prepared for a negotiated settlement with the judgment creditor to avoid this issue.
When you do get the documentation from the court on the judgment, it will show the actual judgment amount. If the credit bureaus report differently, you can use the documentation to back a dispute over the amount with the credit bureaus.
06, thanks for the response,
I will most definetely order the paperwork from the clerk.
if you file a Motion to Vacate the court will likely hold a hearing at which time the judgment creditor will appear and, if the judge orders the judgment vacated, will likely sue you again on the spotif you file a Motion to Vacate the court will likely hold a hearing at which time the judgment creditor will appear and, if the judge orders the judgment vacated, will likely sue you again on the spot Well, since the judgement was in 2004, I am to assume that this will be of my CR next year, is this correct. The judgement was placed in the state of CA, however I currently reside in NV; does this make a difference as far as the date this will fall off my CR?
When you do get the documentation from the court on the judgment, it will show the actual judgment amount. If the credit bureaus report differently, you can use the documentation to back a dispute over the amount with the credit bureaus. Do you think its worth the dispute since it will fall off next year anyway? I don't think I want to awake the sleeping DOGS!
Thanks for your help!!!!
@IMPROVELIFE wrote:06, thanks for the response,
I will most definetely order the paperwork from the clerk.
if you file a Motion to Vacate the court will likely hold a hearing at which time the judgment creditor will appear and, if the judge orders the judgment vacated, will likely sue you again on the spotif you file a Motion to Vacate the court will likely hold a hearing at which time the judgment creditor will appear and, if the judge orders the judgment vacated, will likely sue you again on the spot Well, since the judgement was in 2004, I am to assume that this will be of my CR next year, is this correct. The judgement was placed in the state of CA, however I currently reside in NV; does this make a difference as far as the date this will fall off my CR?
When you do get the documentation from the court on the judgment, it will show the actual judgment amount. If the credit bureaus report differently, you can use the documentation to back a dispute over the amount with the credit bureaus. Do you think its worth the dispute since it will fall off next year anyway? I don't think I want to awake the sleeping DOGS!
Thanks for your help!!!!
Judgments can remain for 7 years or until the statute of limitations on enforcement of the judgment expires, but generally the credit bureaus remove them after 7 years. I believe that New York is 5 years, but only if the judgment is paid.
As long as you are not planning any major credit events, maybe just letting it be until it drops is a good move. That you have made it 6 years thus far without the judgment creditor attempting to enforce the judgment is a stroke of good luck. Probably better not to spit into the wind.
O6, The judgement is not for Child Support or Student Loans, The judgement is for an old repo actually.
If this judgment is for child support or student loans, it is a totally different animal. The other post you are referring to is a different issue w/ how child support is reporting on my CR;
Thanks soooo much for your help