Rebuilding Your Credit

[aimeeaab]

Should you PFD OC to have judgment removed? Can they delete?

Anyone had this work?

[sidewinder]

No personal experience with judgements..........but doesn't the court report the judgements, not the OC?

[aimeeaab]

As far as I know the court reports it. But, I haven't really read anything telling me who I'd have a better chance dealing with. Do Courts make reporting adjustments? Afterall, they aren't gaining or losing anything being paid or non-paid right?

Message Edited by aimeeaab on 02-26-2008 12:50 PM

[sidewinder]

---

aimeeaab wrote:

As far as I know the court reports it. But, I haven't really read anything telling me who I'd have a better chance dealing with. Do Courts make reporting adjustments? Afterall, they aren't gaining or losing anything being paid or non-paid right?

Message Edited by aimeeaab on 02-26-2008 12:50 PM

---

I would think the chances of getting the courts to remove a valid judgement would be 0. But as I said I don't have no dealings with judgements, so I don't know.

[PayYouNever]

To get an OC to remove a judgment requires you negotiating with their legal department or outside counsel and creating a deal such that you pay (perhaps 80 to 100%) the debt in exchange for the OC filing a "Vacate Judgment" paperwork with the court. At which point,  you'll have to wait about 10 business days and then dispute as "not mine" with the CBRs.

At that point, the court paperwork should have filtered through its system, and then when the CBRs look for so-called validation, they won't find anything and then the CBRs will remove...

It's a protracted ordeal, but you want judgments off your report and the courts aren't the quick to respond.

[theshadow12345]

Here is what I know...

The court does report it. (Sort of, Kind of.They hire 3rd party agencies to do the reporting) Unfortunately you cannot pay them to take it off. That's up to the CRA if they want to remove it.  You can try PFD to OC or CA but chances are they will not do it. The best thing to do is go to the Court as ask to see the proper documentation to see if you were properly served. If not, then file a motion to vacate..Check your SOL also..

If you were served properly then it's probably better to pay it. Make sure you ask the CA or OC to see if they can sign a Settlement \ Release of Judgment letter and send you a copy.. This is the letter that they send to the Courts stating that the Account was paid and settled and is signed by both the Plantiff and the Judge. With this letter, you can send it to the CRA and chances are, they maybe can remove it.

Im not an expert with removing Judgments but this is an  on going process im working on also in trying to remove by current civil judgment i have righ t now on my TU report.

Thanks

Greg

Message Edited by theshadow12345 on 04-11-2008 05:09 PM

[PayYouNever]

The Shadow Knows (what evil lurks in the hearts of the CA)... seriously though. He's right about the procedure.

It it best to get at least six (6) court-stamped "Release of Judgment" forms from the Clerk of the Court. You'll need to send copies (or the originals) CMRRR to the each of the 3 CRAs if you don't get it removed (after payment or proof of payment with the judge) by waiting the 10 Business Days and faxing a "Not Mine" Dispute to all three CRA. I say fax, because they will usually act quicker when a fax comes in. And you have proof of sending and receiving.

It'll probably take you about a month for the whole thing to be removed, because the OC or CA will drag their feet. If they are in the same city,  you can offer to meet at the Court with cerified funds and you can fill out the "Release of Judgment" paperwork ahead of time, and then all you'll need is to have the rep of the CA or OC sign the form and file it. Otherwise, it could take up to a month for them to get around to it, and unless you got that agreement in CMRRR writing, then you're just wishing for somethign to happen.

[sunshyne4u]

Thank you for posting this information. Sounds like instead of going to the clerk and asking for a Motion to vacate I can ask for a RELEASE OF JUDGEMENT and send it to all of my creditors that have a judgement against me. Those I paid I can just send it to and those I have not I should PFD and send this at the same time.

This really helps because no one at my courthouse new what a motion to vacate was. I am going to get started on this today.

[Wonderin]

---

sunshyne4u wrote:
Thank you for posting this information. Sounds like instead of going to the clerk and asking for a Motion to vacate I can ask for a RELEASE OF JUDGEMENT and send it to all of my creditors that have a judgement against me. Those I paid I can just send it to and those I have not I should PFD and send this at the same time.

This really helps because no one at my courthouse new what a motion to vacate was. I am going to get started on this today.

---

A "Release of judgment" is no different than getting a receipt when you buy groceries. Its simply a recording with the court stating that you've paid the judgment. It does NOT remove the judgment from your credit reports.

Some states have a very generalized form that includes "releases" AND "vacations/dismissals" but they are NOT the same thing. And that's not very common, either.

If you want this judgment OFF your CRs, you have to file a motion to dismiss or vacate.

[Wonderin]

Also, the court does not hire anyone to report the judgment. The CRAs do. Even then, really, it amounts to nothing more than a third party, on behalf of each of the CRAs, scanning public court files.