01-28-2013 07:34 PM
I am just getting started on my credit rebuilding process - I am not proud to admit that I let my credit score plumet after my divorce when the bills were just over my head and I have not bothered to check my credit in YEARS! I was extremely surprised to see a JUDGEMENT on there for $191! After some research, this is what I found out Long story short, I was living in New Jersey for work and before I moved, I went to a nail salon to get a manicure and pedicure. I wrote a check for the amount and didn't think more about it. The nail salon did not deposit my check for over a month after I went there and by that time, I had already moved and the account was closed. (Commerce Bank was not in WA state where I was moving home to) So the nail salon sued me for a $70 check. No joke. I never got a single piece of information letting me know about this - they didn't forward any of the legal paperwork to me. No notice at all! A default judgment was awarded and I now have an unpaid judgement from 03/2007 on my credit report. I want to pay this and have it removed, but I'm not sure where to start or what to do! Any help or suggestion would be appreciated! Thank you all so much!
01-28-2013 07:46 PM
01-28-2013 07:51 PM
Thank you Should I get in touch with the attorney or the nail salon? I can't believe that I didn't know about this for so long.
Once it's paid, I should contact the court that the lawsuit was through? Is there a way to do it if I am no longer in the state that the judgment was (NJ)?
I am very new to all of this, so thank you for your patience with me!
01-28-2013 07:55 PM
Contact the court who entered it. The judge there is the only one who can have it vacated.
You can call the court and tell them you were never served. If it is vacated it isn't owed to the court.
Once that is done, I would contact the OC and offer the original amount.
01-28-2013 07:58 PM
Okay, so just to make sure I understand - contact the court first, right? They can obviously see that I was never served (or if they tried, I never got a single thing). They will help me with trying to get the judgment vacated.
And then pay the Original Creditor? Thank you for all your help!
01-28-2013 08:13 PM
01-28-2013 08:26 PM
Judgment is from March 2007 - so almost 6 years old.
If vacating is unsuccessful, will it come off my credit next year or does it stay on there for 10 years? I want to pay it either way because I don't want something on there like that & I'm trying to get my score up!
01-28-2013 10:26 PM
@Sarahcmgreen I live in NJ and I can offer you a little insight. The court is suppose to serve you or send you a certified letter to appear in civil court to prove your case, but in your situation, you nevered received any order to appear in court. What you have to do is either call or go to that County Superior Court(civil division) where it was filed at (whichever county the salon is in) and request for a motion to vacate the judgement.
They'll give you a packet to fill out and return back to them. If you send by mail, make sure you send it certified. Once they receive it, they'll determine if you have legitimate reason to vacate or make a new court date for you and the salon. If you decide you wan to settle and pay it, you can do so with the court and request for deletion on your CR. I hope that helps!!