Public Record Judgement

[oracles]

So I am helping my friend with his credit.

He has a public judgement filed 9/2009 and satisfied 7/2012. I guess he either paid it off or they garnished his wages.

I dont know, he just sent me his credit report but i will ask him tonight.

Is there a way to get this off his credit report or does he have to wait the (i think) 7 years.

If he does have to wait, is it 7 years from the filed date or 7 years from the satisfied date.

Thanks everyone for your help. Pay it forward

[RobertEG]

FCRA 605(a)(2) defines the exclusion period for satisfied judgments as being 7 years from date of entry of the judgement.

The date the judgment was satisfied is not used in determination of its exclusion date.

Payment or non-payment of a judgment only affects CR exclusion if the judgment remains unpaid.

Section 605(a)(2) provides for a "reset" of the exclusion date for unpaid judgments if the judgment has not expired under its own statute of limitations for a judgment.

If a judgment remains unpaid, if the expiration of the statute of limitations for enforcing the judgment is longer than 7 years from the date of entry of the judgment, that later date becomes the requried exclusion date.

Since his judgment is satisfied, then 7 years from date of judgment is the firm exclusion date.

Separate from trom the CR exclusion provisions of section 605(a)(2), if the court vacates its own judgment, it no longer exits, and thus must be deleted from a consumer's credit report.  Vacature of its judgment must be a specific holding of the judgment court.

All states provide for a court to vacate a judgment if legal or procedural error occured during the process.  However, others additionally permit (meaning its discretionary on the part of the judge) for the court to vacate its judgment based on the fact that it has now become satisfied.  The consumer can then file a motion to vacate.

You will need to review the statutes/procedures of the judgment court in order to determine if your state provides for such relief.

[JustinNguyen]

I heard from 1 of my friend.  Different state is different law. My state SC, un-paid debt judgment in SC remain 10 year and have no option for renewal. And they cannot come to your bank or deduction from your paycheck. Only jugment from irs can do it. 

Am I wrong?

[oracles]

---

@RobertEG wrote:

FCRA 605(a)(2) defines the exclusion period for satisfied judgments as being 7 years from date of entry of the judgement.

The date the judgment was satisfied is not used in determination of its exclusion date.

Payment or non-payment of a judgment only affects CR exclusion if the judgment remains unpaid.

Section 605(a)(2) provides for a "reset" of the exclusion date for unpaid judgments if the judgment has not expired under its own statute of limitations for a judgment.

If a judgment remains unpaid, if the expiration of the statute of limitations for enforcing the judgment is longer than 7 years from the date of entry of the judgment, that later date becomes the requried exclusion date.

Since his judgment is satisfied, then 7 years from date of judgment is the firm exclusion date.

Separate from trom the CR exclusion provisions of section 605(a)(2), if the court vacates its own judgment, it no longer exits, and thus must be deleted from a consumer's credit report.  Vacature of its judgment must be a specific holding of the judgment court.

All states provide for a court to vacate a judgment if legal or procedural error occured during the process.  However, others additionally permit (meaning its discretionary on the part of the judge) for the court to vacate its judgment based on the fact that it has now become satisfied.  The consumer can then file a motion to vacate.

You will need to review the statutes/procedures of the judgment court in order to determine if your state provides for such relief.

---

Thank you Robert, can you please point me in the right direction where I can find out if NY allows for such relief (satisfied account)

I tried googling it, however it does not tell me if it provides for such relief.

Thanks