Judgements

[Chanduwar]

Folks I had three judgements all in North Carolina on my CR. Two I paid. The third unpaid is now past 10 years. The judgement entry dropped in 2012 from all three CR's. If the judgement holder renewed the judgement would it come back on my CR's?

[Anonymous]

No

[Chanduwar]

What likely is it that it was not renewed? How can I check? I do not live in NC any longer.

[Anonymous]

Call the court house where it was issued and ask them if it was renewed. That will not cause any problems for you.

[RobertEG]

Technically, the credit report exclusion period for a judgment is the later of 7 years from date of entry of the judgment or until the staute of limiations on enforceability of the judgment has expired.  See FCRA 605(a)(2).

So, yes, it is permissible for the judgment to remain or be inserted as long as the judgment remains enforceable.

However, the CRAs routinley choose to exclude based only on the 7 year period, likely as a result of their lack of monitoring of enforceability status by state and individual consumer..

I would assume that it wont be added, but it could be......

[RonM21]

To answer your other question, I believe you can check the court records where the judgement was originally filed. Or online tjrough their court documents, as I think it is public record.

[Chanduwar]

Interesting this is what I found from one of the NC lawyers site 

http://www.nowlaw.com/blog/renewing-judgments-in-north-carolina

"Unless earlier satisfied, a judgment lien is valid for ten years under North Carolina law. The ten year period begins to run on the date the judgment is rendered. A judgment creditor can extend the life of the judgment for an additional ten years. The ten year extension does not take effect automatically, and the extension requires more than simply completing a form at the clerk’s office. In fact, the original judgment is not really being renewed at all. Technically, you are seeking a new judgment against the defendant.
In order to “extend” the judgment for ten additional years, the judgment creditor must file a new complaint against the judgment debtor."

I have not heard/received anything from the lawers of the Credit Card Company or NC courts. The month of judgement was September 2005.

[Anonymous]

As I noted earlier, to ease your mind, call the courthouse.

[RobertEG]

The CRAs pick up and add judgments to your credit report by reviewing the public records.

As discussed in my earlier post, they routinely use the date of entry of a judgment, not the period of enforceability, to exlcude at 7 years from date of entry.

That is internal policy, not a statutory, determination.

If there is some peculiarity in your state enforceability statute that in effect treats an "extension" as a new judgment with a new date of entry, then it could (I emphasise coutd) remain with a new date of entry, and thus a new 7 year period.

You have a CRA admiinstrative issue on how they will regard the public record information, and not a statutory issue.

Only time will tell how they pick up and treat an "extension" or "new" judgment.