topic Re: Need some help! Possible false judgment! in Rebuilding Your Credit

Need some help! Possible false judgment!

maluba — Wed, 19 Dec 2012 02:28:08 GMT

Ok, I checked my report and there was a judgment filed against me in April 2010 by Midland Funding LLC. The only thing is, I never got a summons, more did my mom who lives at my old address and the amount I was served for shows up no where on my credit report. Furthermore, I checked the case number supplied by my Experian CR ( on pacer.gov) and there was no record of that case number. Furthermore, there is no record of me ever getting sued. I am in the process of disputing it. This judgment has tanked my score and preventing me from getting jobs, credit etc. What steps should I take to get this removed? I'm not even sure what state this suit was filed in and I have heard some bad news about this Midland company. They have two of my other debts. Should I dispute those too, just to make sure I'm not getting taken advantage of? Thanks in advance.

Re: Need some help! Possible false judgment!

Anonymous — Wed, 19 Dec 2012 03:01:36 GMT

What state do you live in and did you live in the same state in April 2010? I would do a search on the courty system for your state and county, both the justice courts and the superior courts.

Re: Need some help! Possible false judgment!

maluba — Wed, 19 Dec 2012 03:16:04 GMT

I've lived in the same state since 2005 (AL) and I checked those courts before I did that website search and nothing was there. I was considering paying for an online background check to see if anything shows up there, but I'm not sure if it would make much sense.

Re: Need some help! Possible false judgment!

Anonymous — Wed, 19 Dec 2012 04:20:54 GMT

what state did they file the lawsuit in?

Re: Need some help! Possible false judgment!

maluba — Wed, 19 Dec 2012 04:51:59 GMT

It doesn't say. On my Experian report it just gives the case number and tells me that Midland was the one that filed it. And the month/year.

Re: Need some help! Possible false judgment!

Shogun — Wed, 19 Dec 2012 05:09:34 GMT

Sorry to say but if there's a judgement listed on there and it says it's from Midland then there's probably a judgement somewhere listed on you. You will need to contact the county court and see what it is. Judgements are usually listed to CRs by third parties that collect that information, have you contacted Midland about it?

Re: Need some help! Possible false judgment!

maluba — Wed, 19 Dec 2012 05:56:55 GMT

No, not yet. How badly will this affect a mortgage approval and can I pay it down? Can I dispute it on the grounds of never receiving a summons? Thank you all for your responses so far.

Re: Need some help! Possible false judgment!

Shogun — Wed, 19 Dec 2012 06:20:08 GMT

Most lenders would make you pay it before your mortgage could be closed. No, I don't think that's a disputable reason. However you could contact an attorney and find out the route the went to legally notify you before getting the judgement. There could be grounds for having it vacated.

Re: Need some help! Possible false judgment!

RobertEG — Wed, 19 Dec 2012 09:39:56 GMT

First step is obviously to find the name of the court that issued the judgment. Without reviewing the file of the court proceeding, it is impossible to determine if there were any substantive flaws in the administrative or legal process.

As a precursor to trial, the records must show proper service of notice on the defendant. The procedures vary by jurisdiction, and notice may have been sanctioned by way of publice notice. Hard to say how notice was asserted as being given, so you need to get your hands on a copy of the record of the proceeding by contacting the office of the clerk of the judgment court. You may or may not have grounds for filing a motion to vacate based on lack of proper service of notice of the suit.

Re: Need some help! Possible false judgment!

maluba — Thu, 20 Dec 2012 10:43:15 GMT

Ok, I have asked my mother to check the local court where I used to live (NY), because there is nothing on record down here. I checked that court's online record using my name and docket number provided by the CRA and still haven't found anything. Thanks for the advice guys If it is indeed an error, I guess I'll have to look into getting a lawyer. If it is a legit judgment and I get it paid off, can I get it removed from my score, or does it have to stay there for the full 7 years? I've read of people getting foreclosures taken off with a GW letter. Would a judgment be different because it is on the public record?

Re: Need some help! Possible false judgment!

ironsight — Thu, 20 Dec 2012 16:45:51 GMT

If there was not proper service, you may have grounds to vacate.