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Judgement vacate?

Regular Contributor

Judgement vacate?

I have 2 paid judgements that I want remove so bad! I just talked to the county clerk and just flat out laughed at me asking about getting the judgement vacate. Is a judgment possible to get remove? 

Message 1 of 9
8 REPLIES
Epic Contributor

Re: Judgement vacate?

A vacated judgment usually means something was wrong in the filing or something.

 

The only person that can vacate is a judge.

 

Were you served properly?

Message 2 of 9
Regular Contributor

Re: Judgement vacate?

Yes it was properly served. It was medical bills. I'm kicking myself in the butt that I let it go that far. So theres nothing I can do except wait out the 7 years plus? 

Message 3 of 9
Epic Contributor

Re: Judgement vacate?

The only other thing I would suggest is contacting the creditor.  I don't think they can do anything.

 

 

Message 4 of 9
Regular Contributor

Re: Judgement vacate?

Thank you for your help.

Message 5 of 9
Regular Contributor

Re: Judgement vacate?

You need to understand that in California, for example, the reporting date is 10 years from the date the judgement is SATISFIED. One option is to save/borrow a significant chuck of the judgement amount (think 65-75%) and offer a lump payment in exchange to vacate. This saves them the trouble of filing liens on tax returns or property and saves the trouble of them issuing wage garnishments. It MUST get paid tho

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Message 6 of 9
Valued Contributor

Re: Judgement vacate?

Nothing is ever a guarantee to have something removed. But judgments can be vacated. It usually cost you a few dollars to deal with them. Just know upfront as I mentioned never a guarantee the creditor or whoever filed the judment will agree to remove.
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Message 7 of 9
Epic Contributor

Re: Judgement vacate?


Kevin5974 wrote:
You need to understand that in California, for example, the reporting date is 10 years from the date the judgement is SATISFIED. One option is to save/borrow a significant chuck of the judgement amount (think 65-75%) and offer a lump payment in exchange to vacate. This saves them the trouble of filing liens on tax returns or property and saves the trouble of them issuing wage garnishments. It MUST get paid tho

The reporting time is 7 years from date filed.  The SOL to collect under California law is 10 years, which can be renewed for another 10 years.

 

What the FCRA says is 7 years or the governing SOL.  However, I have never seen one stay past the 7 years.  Even the CRAs will tell you 7 years.

 

The only thing that can and will stay longer is a Tax Lien and that stays 7 years from the date paid/satisfied.

Message 8 of 9
Valued Member

Re: Judgement vacate?

You may want to see if it is possible to have the creditor file a release of judgment with the court. You will want to check your state laws first, though.

Message 9 of 9