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Judgment questions-Please help

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disney2
Regular Contributor

Judgment questions-Please help

I've been working on clearing up my credit report and trying to pay back old credit cards. I saw one judgment on TU and EQ reports and when I finally got my EX files merged, there were two on there. I got up enough nerve to call the court about them and got some details. They were both from 2010 and should fall off in December 2017. Judgment 1 with FJHanna for Discover and shows on all 3 reports. I dug around and found a letter from FJH saying it was paid in full on 10/3/12. Is there anything I can do to get this one removed from my credit report? Judgment 2 with FJHanna for Capital One and shows only on EX. I found a letter where I was having them draft a payment every month for it in 10/8/12 with a balance of $623.32 but then also found a letter from them in 2015 stating they would take half of what I owed on it which was $368.32. Any ideas on this one? Do I just call them and ask about it? I don't know if I paid it off or not but don't want to wake the sleeping giant and have it then report on all 3 reports. All help is appreciated.
Message 1 of 19
18 REPLIES 18
Anonymous
Not applicable

Re: Judgment questions-Please help


@disney2 wrote:
I've been working on clearing up my credit report and trying to pay back old credit cards. I saw one judgment on TU and EQ reports and when I finally got my EX files merged, there were two on there. I got up enough nerve to call the court about them and got some details. They were both from 2010 and should fall off in December 2017. Judgment 1 with FJHanna for Discover and shows on all 3 reports. I dug around and found a letter from FJH saying it was paid in full on 10/3/12. Is there anything I can do to get this one removed from my credit report? Judgment 2 with FJHanna for Capital One and shows only on EX. I found a letter where I was having them draft a payment every month for it in 10/8/12 with a balance of $623.32 but then also found a letter from them in 2015 stating they would take half of what I owed on it which was $368.32. Any ideas on this one? Do I just call them and ask about it? I don't know if I paid it off or not but don't want to wake the sleeping giant and have it then report on all 3 reports. All help is appreciated.

Frederick J. Hanna is a bear.   A mean burly bear.   He has been in plenty of trouble, but fights dirty.  Google him to see more.   I would do whatever you can to get rid of him and his firm.   

 

Regarding the paid judgement, it should be shown as "satisfied" on your report.   

Message 2 of 19
disney2
Regular Contributor

Re: Judgment questions-Please help

I just googled them and it says they are permanently closed. Does that mean anything different to the odds of me getting them removed from my report? I also just looked on my EX report and it doesn't say anything about being paid or anything like that.
Message 3 of 19
RobertEG
Legendary Contributor

Re: Judgment questions-Please help

The credit report exclusion date for a judgment is clearly defined under FCRA 605(a)(2), but not so clearly implemented by the CRAs.

 

"FCRA 605(a)(2)  Information excluded from consumer reports.
Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period."

 

Paid judgments thus become excluded no later than 7 years from date of entry of the judgment, but unpaid judgments have an exclusion date that extends to the date of expiration of the statute of limitaions on enforceability of the judgment.

Your judgement 1 thus has a clear exclusion date, but judgment 2 is apparently still withn the SOL for enforceability of the judgment, and thus does not yet have a specific exclusion date.

 

However, as reported by numerous consumers here in the forum, the CRAs apparently have an early exclusion policy of not extending the exclusion date for unpaid judgments, and exclude all judgments based on only the 7 years from date of entry provision of the statute.

I am not sure who you plan to call to ask about the exclusion date of that judgment, but the CRA gets its record of the judgment from the public records, and thus is the only party involved in its posting to your credit report.

Since they apparently do not consider extension of the exclusion date for unpaid judgments, I would leave it be and see if they exclude both at thte same time.

Contacting the CRA could possibly result in unwanted extension should they decide to extend based on the statute.

Message 4 of 19
disney2
Regular Contributor

Re: Judgment questions-Please help

Will filing to have it vacated or a satisfaction of judgment help?
Message 5 of 19
RobertEG
Legendary Contributor

Re: Judgment questions-Please help

Before the court will even consider a motion to vacate based on satisfaction of the judgment, the record must show recordation of its satisfaction.

 

The rules of civil procedure requries the prevailing plaintiff to file a notice with the court within a certain period after the debt has been paid notifying the court of its satisfaction.

Once notice of satisfaction has been filed, then a motion to vacate based on its satisfaction can proceed.

Message 6 of 19
disney2
Regular Contributor

Re: Judgment questions-Please help

According to the court, they didn't file the satisfaction of judgment but I have a paper from them stating it was paid in full in October 2012.
Message 7 of 19
RobertEG
Legendary Contributor

Re: Judgment questions-Please help

Contact the plaintiff and advise them that the court does not show any filing of a notice of satisfaction.

They have a period for and requirment to do so.  It is the only way the court is officially aware of the status of its judgment.

 

Message 8 of 19
disney2
Regular Contributor

Re: Judgment questions-Please help

FJ Hanna office is closed. Who do I contact?
Message 9 of 19
disney2
Regular Contributor

Re: Judgment questions-Please help

Update--I looked up more information and found WhyChat had a link to print off the judgments. It's not like the copies we get when served but made some sense anyway. The judgment that is on all 3 CRAs has a cancellation filed on it. Does that matter for having it removed?
Message 10 of 19
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