cancel
Showing results for 
Search instead for 
Did you mean: 

Public Record Help (TEXAS)

tag
dallasareaguy
Frequent Contributor

Public Record Help (TEXAS)

My wife has a very old account from Benecial with last payment of 01/2009.

In December 2012 she was sued and judgment received for nearly $8k in 1/2013.

 

The statue of limitations was 4 years from date of last payment in Texas... which is obviously why she was sued in the final 30 days of that window.

 

So, the good news is the Midland Funding shows it is falling off experian in October (the collection, not the judgment) and I could probably cal and have it removed from TransUnion now... but at the absolute latest the 7 year mark is this upcoming January.

 

So.. my question is this... I'm assuming since Midland got a judgment (which shows as a public record) is not something that we can have removed any sooner than the 10 year mark it shows. All reports are showing it wont be removed until 2020. Public records aren't subject to the same 7 year removal time frame I presume.

 

I'm also just curious if its okay to have both the collection and the public record at the same time.. seems like that is a double wammy?

  
CapOne QS
$10,250
 
AMEX Delta Gold
$15,000
 
AMEX BCE
$5,000
 
AMEX BCP
$1,000

AMEX HHonors
$1,600
 
Discover it
$2,000
FICO8 Scores:
EQ: 648
TU: 654
EX: 691

(as of 07/15/2017)
Message 1 of 4
3 REPLIES 3
gdale6
Moderator Emeritus

Re: Public Record Help (TEXAS)


@dallasareaguy wrote:

My wife has a very old account from Benecial with last payment of 01/2009.

In December 2012 she was sued and judgment received for nearly $8k in 1/2013.

 

The statue of limitations was 4 years from date of last payment in Texas... which is obviously why she was sued in the final 30 days of that window.

 

So, the good news is the Midland Funding shows it is falling off experian in October (the collection, not the judgment) and I could probably cal and have it removed from TransUnion now... but at the absolute latest the 7 year mark is this upcoming January.

 

So.. my question is this... I'm assuming since Midland got a judgment (which shows as a public record) is not something that we can have removed any sooner than the 10 year mark it shows. All reports are showing it wont be removed until 2020. Public records aren't subject to the same 7 year removal time frame I presume.

 

I'm also just curious if its okay to have both the collection and the public record at the same time.. seems like that is a double wammy?


A judgment remains on file for 7 years from the date entered or the governing statute of one enforcability period as set by each state. You may be able to have it removed by getting it vacated once its been paid some states allow you to do this. You can also try and make it part of your agreement to pay with the judgment creditor that they file the motion to vacate.,

 

Yes you can have the OC, CA and a PR all reporting on 1 TL at the same time. You could actually end up with 4 reportings if the judgment creditor were to engage a CA to collect the judgment for them.

Message 2 of 4
dallasareaguy
Frequent Contributor

Re: Public Record Help (TEXAS)

Thank you, the info is super helpful. My wife and I are working so hard to achieve our goals. Our hope is to negotiate a settlement on the judgment with the creditor with a stipulation of vacating the judgment.

  
CapOne QS
$10,250
 
AMEX Delta Gold
$15,000
 
AMEX BCE
$5,000
 
AMEX BCP
$1,000

AMEX HHonors
$1,600
 
Discover it
$2,000
FICO8 Scores:
EQ: 648
TU: 654
EX: 691

(as of 07/15/2017)
Message 3 of 4
RobertEG
Legendary Contributor

Re: Public Record Help (TEXAS)

The creditor can agree not to contest your motion to the court to grant relief by vacating a paid judgment, but only the court can vacate the judgment.

Thus, you cant obtain vacature by any private agreement with the creditor.

Message 4 of 4
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.