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I recently went to the court house to see if a previous judgment lien had been discharged and it has after I settled. Unfortunately, I notice I had one other lien from a creditor but it didn't show on my credit report at all (Not on any three CB's either). Can I file a motion to have the judgment removed or do I have to just settle for the amount owed and hope it doesn't come back on my CR? Thanks for your input. (Side note: I completely understand that if I owe this I'm obligated to pay) Just want to know my legal options.
@Anonymous wrote:I recently went to the court house to see if a previous judgment lien had been discharged and it has after I settled. Unfortunately, I notice I had one other lien from a creditor but it didn't show on my credit report at all (Not on any three CB's either). Can I file a motion to have the judgment removed or do I have to just settle for the amount owed and hope it doesn't come back on my CR? Thanks for your input. (Side note: I completely understand that if I owe this I'm obligated to pay) Just want to know my legal options.
In my experience, the only way to have a judgement removed or vacate it is to pay it. If a hearing has already taken place on the judgement & you were not there for it, then they will not just remove it. Being it is not yet on your credit report is a good thing. Keep in mind, depending of the SOL in your state, they can renew the judgement at any time & definitely include it on your reports if you do not pay.
When I paid my judgement, it was due to renew & they actually began garnishing my wages. My judgement was for $1300, but with interest & attorney fees, it was up at $8,000. It was too late to settle with them, so I took a loan with NFCU & paid them. They stopped the garnishment, & sent an update to all three bureaus (showing pd. judgement). After 30-days, I filed a dispute for EE, & it was removed from all three.
Good luck with whatever you decide.