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betterscore
Posts: 7
Registered: ‎02-14-2009
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Removing a satisfied judgement - Capital One

Hi!  I am new to this board and I am trying to fix my credit report.  I have an open judgement on my credit report.  In August 1993, I was sued by Capital One and they put a lien on my house.  We sold the house in December 1993, and the lien was paid off.  My credit report shows that the Capital One account is a paid charge off.  I talked to Capital One this week and they are sending me a paid in full letter for the account.  They said that they would have their legal department look into the open judgement.  Today, I went to the court house to verify that the judgement was still open/unsatisfied.  The court clerk pulled the case file and said yes.  She also told me to contact the lawyer that filed the lawsuit because they are the only one that can remove the judgement.  Does anyone have experience with this?  What should I do?  Should I write a letter to the lawyer and include a copy of the Capital One PIF letter once I receive it?  Do I contact the credit bureaus? Capital One?  My husband and I want to buy a house in a few months and I want this off my credit report since it was paid over 5 years ago.
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newt09
Posts: 5
Registered: ‎01-09-2009
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Re: Removing a satisfied judgement - Capital One

I don't think you're going to be able to get that answer. It sounds like you're trying to remove accurate information and that is not allowed on this forum.

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betterscore
Posts: 7
Registered: ‎02-14-2009
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Re: Removing a satisfied judgement - Capital One

I am not trying to remove accurate information.  I paid (satisfied) the judgement in December 2003.  They are still reporting the judgement as open (unpaid, never dealt with). 
Established Member
PennyShine
Posts: 120
Registered: ‎02-16-2009
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Re: Removing a satisfied judgement - Capital One

What is the statue of limitations (SOL) for keeping a judgement on the credit report?  Doesn't it automatically fall off after x amount of years?  If this was from 1993, it should have already fallen off.

 

Is there a link to

 

1.  Find out the SOL for judgements?

 

2.  Find out the SOL for collections in each state? 

Established Member
blueblueblue
Posts: 28
Registered: ‎12-14-2008
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Re: Removing a satisfied judgement - Capital One

Hi, I have a little knowledge in this area....but am learning too!  Bottom line is a judgment is a legal action, and only a legal action will remove it from your credit report.  Essentially it must be removed by "court order", check out vacating a judgment and vacatur of judgment, they sound the same but are different, I believe it is the vacatur of judgment you want.  All credit related stuff needs constant follow up....and since your credit report is most important to YOU, it's YOU who has to do most of the dirty work.   We are trying right now to re-open a judgment so that we can file a vacatur of judgment on a paid in full judgment....i have struggled here to find the specifics on what to do, if you find them, let me know, but I know vacatur of judgment is a great place to start, what I do not know is WHO to file it against, and what are the steps that lead up to it. good luck....this is a great place to gain information!
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aquatic1
Posts: 620
Registered: ‎08-16-2008
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Re: Removing a satisfied judgement - Capital One


betterscore wrote:
Hi!  I am new to this board and I am trying to fix my credit report.  I have an open judgement on my credit report.  In August 1993, I was sued by Capital One and they put a lien on my house.  We sold the house in December 1993, and the lien was paid off.  My credit report shows that the Capital One account is a paid charge off.  I talked to Capital One this week and they are sending me a paid in full letter for the account.  They said that they would have their legal department look into the open judgement.  Today, I went to the court house to verify that the judgement was still open/unsatisfied.  The court clerk pulled the case file and said yes.  She also told me to contact the lawyer that filed the lawsuit because they are the only one that can remove the judgement.  Does anyone have experience with this?  What should I do?  Should I write a letter to the lawyer and include a copy of the Capital One PIF letter once I receive it?  Do I contact the credit bureaus? Capital One?  My husband and I want to buy a house in a few months and I want this off my credit report since it was paid over 5 years ago.

A satisfied judgement is suppose to be deleted once paid 7 years after filed.  So, if the judgment was filed in1993 and paid in 1993 then in 2000 it should have been removed.  Since the CB are still reporting it as open it will continue to stay there.  What you would need is to go to the courthouse and get a satisfaction of judgement or even contact the CB and dispute as paid.  Once it is confirmed as paid they will be able to confirm that its past the reporting stage and delete.  This is what I had to do last year.

 

Correct me anyone if I am wrong.  Good luck!


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New Member
betterscore
Posts: 7
Registered: ‎02-14-2009

Re: Removing a satisfied judgement - Capital One

Thank you for your responses!  I made a mistake when I posted.  The judgment is from 2003 not 1993, so it will not fall off until next year.  I did some research.  I live in California.  According to California Code of Civil Procedure Section 116.850:

 

(a) If full payment of the judgment is made to the judgment creditor or to the judgment creditor's assignee of record, then immediately upon receipt of payment, the judgment creditor or assignee shall file with the clerk of the court an acknowledgment of satisfaction of the judgment.

 

(b) Any judgment creditor or assignee of record who, after receiving full payment of the judgment and written demand by the judgment debtor, fails without good cause to execute and file an acknowledgment of satisfaction of the judgment with the clerk of the court in which the judgment is entered within 14 days after receiving the request, is liable to the judgment debtor or the judgment debtor's grantees or heirs for all damages sustained by reason of the failure and, in addition, the sum of fifty dollars ($50).

 

I had Capital One send me a paid in full letter.  Yesterday, I wrote them a letter asking them to file a satisfaction of judgment within 14 days of receiving my letter.  I also attached a copy of the paid in full letter from them. Hopefully they will comply.  I know that I can't get it removed from my credit report until next year, but I need it to show that it was satisfied.

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happy0510
Posts: 808
Registered: ‎03-07-2008
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Re: Removing a satisfied judgement - Capital One

Hi Betterscore,

 

Can you give me a little more information on your experience with your judgment? Did you pay the full amount or settle? I just sent a settlement letter CMRR today and am very nervous.  Once you add up all payments made if they accept I will have paid around 60% of the judgment which I thought was a good deal.  Anyhow, do you know at all if your judgment will re-age after it is paid with the paid off date? That would me score murder and I am buying a house soon.  I need to have it paid by closing.  However, if the judgment has a new date after it is paid I definitely have to wait till closing and not now. 

 

Thanks,

 

Happy :smileyhappy:


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betterscore
Posts: 7
Registered: ‎02-14-2009
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Re: Removing a satisfied judgement - Capital One

Hi Happy0510,

 

The judgment was due to a lawsuit by Capital One in August 2003.  In December 2003, we sold our house.  While we were in escrow, the escrow office contacted me to say that Capital One had a lien on our house for the amount of the judgment $1699 and that they would pay it using proceeds from the sale of our house.  So the amount was paid in full in December 2003.  I didn't follow up with Capital One or my credit report.  Last month, we looked into getting a home equity loan, and I found out that the judgement was showing up on my credit report as "open".  I don't know if the judgment is supposed to fall off August 2010 (date of judgment) or December 2010 (date it was paid in full).  It cannot not reage because everything was completed in 2003.  The loan officer said that I can't have an open judgment on my credit report when I apply for the loan.  Capital One should have filed the satisfaction of judgment paperwork in December 2003, but they didn't and that is what I am clearing up. I don't know if a satisfaction in judgment is scored differently than an open judgment as far as my fico scores, but for manual review of my credit reports, it looks better. 

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happy0510
Posts: 808
Registered: ‎03-07-2008
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Re: Removing a satisfied judgement - Capital One

Hi,

 

Ok. What a pain in the neck C-1 are huh? Gee whiz.  I have to deal with them for DH. 

 

Congratulations


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