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Remove a paid judgment

Regular Contributor

Remove a paid judgment

I have a satisfied judgment on my credit report from 2006.It is set to be removed in 2013. Is there any way I can get this deleted before then?I live in Texas.

5 REPLIES
Epic Contributor

Re: Remove a paid judgment

Is it a judgment or tax lien?

 

Judgments are removed 7 years from date filed, tax liens from date paid.

Established Contributor

Re: Remove a paid judgment

You would have to have the judgement vacated. Depending on your jurisdiction, you may or may not need the assistance of the filing party, although their help will make the process easier. What you need to do is contact the court clerk where the judgement was obtained and ask about the process to vacate a judgement, and contact the filing party and see if they are willing to sign off on it.

Regular Contributor

Re: Remove a paid judgment

The filing party doesn't have a problem with helping me.But they say there is nothing that they know of that they can do about it.What reason do I give the court to vacate,this judgement,since I was served legally?

Senior Contributor

Re: Remove a paid judgment


cdub69 wrote:

The filing party doesn't have a problem with helping me.But they say there is nothing that they know of that they can do about it.What reason do I give the court to vacate,this judgement,since I was served legally?


 

Except for child support judgments and housing court judgments in select jurisdictions, simply having satisfied a judgment is seldom legal grounds for having it vacated.  That said, some courts do understand the difficulties one has with a judgment reporting on their credit report and are willing to vacate paid judgments -- especially if the judgment creditor is not opposed. 

 

First of all, you'd be in better shape if you can get the judgment creditor to write a statement that they do not oppose having the judgment vacated or at least ensure you that they will not repond should they be notified of your attempts to have the judgment vacated. 

 

You'd need to file a Motion to Vacate and the problem is what grounds you have for the court vacating the judgment.  In some states -- such as New York -- you can simply say that the judgment is satisfied and they will generally vacate the judgment.  That, however, is not the norm in other states.  Some judgment debtors will file the motion claiming improper service and also attach proof the judgment has been satisfied and a letter from the judgment creditor stating they do not object to having the judgment vacated.  Sometimes the court will just go ahead and vacate the judgment.

 

A problem arises, however, if the court insists on holding a hearing to determine the issues.  If there is a hearing and the court decides that service was proper, you may be out of luck.

 

I would consult the court clerk's office and ask them what they have seen or heard about other similar cases.

IAALBNYL
New Visitor

Re: Remove a paid judgment

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