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Vacating an 6 year old judgement for a senior?

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ChistineNJ
Frequent Contributor

Vacating an 6 year old judgement for a senior?

Hi guys, 

On my crusade to healthy credit my whole household is cleaning up their credit. My mother has a judgement from 2008 on her CR for an old citi account that was identity theft. She never prosecuted the family member. NOw she stuck with that 1 imperfection its scheduled to be deleted in 2015. She currently and did so at the time  receives SSI i read where she may be able to get it vacated on that fact based alone. We know ssi is exempt from collecting. Anyone have knowledge of this? Or can a unpaid judgement be vacated? And under what curcumstance?

C1 Venture 15K| NFCU NAV CHECK 15K| CASH REWARDS 5K| CARE CREDIT 3K| NORDSTROMS 1K| LORD & TAYLOR 1100| WALMART 600| TargetRed 500|Rebuilders

CAP1 1650| CAP 1 1100| BARCLAYS 2500| NREWARDS 8500|
SCT: VS 1100| EXPRESS 1100| JCREW 250| *HIDDEN TL BML 650

SCORES 709, 657, 623
Pre BK scores: 569, 587, 553
Message 1 of 6
5 REPLIES 5
guiness56
Epic Contributor

Re: Vacating an 6 year old judgement for a senior?

It would be worth the shot.  Due to her SSI and nothing else for income,  it is uncollectable. 

 

Did she ever bring it up it was fraud but refused to prosecute?

Message 2 of 6
ChistineNJ
Frequent Contributor

Re: Vacating an 6 year old judgement for a senior?

We are talking 1999 early 2000's she did question the charges and open a fraud investigation with citi but when she put 2 and 2 together and found out who it was she dropped it. Continued paying on the 2 accounts and became permantly disabled she had the insurance and was filing the unemployment claims to pay the bill which were paid. Problem is these accounts totaled about 10k. The collecters never bother her they somehow know (ithink) that her income is SSI. The paperwork was sent to a PO box and was signed for so idk if i can claim she was impropery served. 

C1 Venture 15K| NFCU NAV CHECK 15K| CASH REWARDS 5K| CARE CREDIT 3K| NORDSTROMS 1K| LORD & TAYLOR 1100| WALMART 600| TargetRed 500|Rebuilders

CAP1 1650| CAP 1 1100| BARCLAYS 2500| NREWARDS 8500|
SCT: VS 1100| EXPRESS 1100| JCREW 250| *HIDDEN TL BML 650

SCORES 709, 657, 623
Pre BK scores: 569, 587, 553
Message 3 of 6
guiness56
Epic Contributor

Re: Vacating an 6 year old judgement for a senior?

I'm confused.  Were the accounts paid?  I am guessing when you say the bills were paid the CC are the ones you mean.

 

 

 

 

 

 

 

Message 4 of 6
ChistineNJ
Frequent Contributor

Re: Vacating an 6 year old judgement for a senior?

In the beginning the monthly payments were paid. Then by the credit insurance after the credit insurance was used up the balance was sent to collections. 

C1 Venture 15K| NFCU NAV CHECK 15K| CASH REWARDS 5K| CARE CREDIT 3K| NORDSTROMS 1K| LORD & TAYLOR 1100| WALMART 600| TargetRed 500|Rebuilders

CAP1 1650| CAP 1 1100| BARCLAYS 2500| NREWARDS 8500|
SCT: VS 1100| EXPRESS 1100| JCREW 250| *HIDDEN TL BML 650

SCORES 709, 657, 623
Pre BK scores: 569, 587, 553
Message 5 of 6
guiness56
Epic Contributor

Re: Vacating an 6 year old judgement for a senior?

Ok,  IMO, it isn't going to hurt to try and have it removed.  Instead of trying to have it vacated, I would write a letter to the judge who presides over that court.  Sort of like a GW letter, explaining everything.  It isn't collectable since she only receives SSI.

 

Who knows, it could work even for an unpaid one.

Message 6 of 6
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