topic Re: JUDGEMENT VACATED!!! ..I think.. in Rebuilding Your Credit

JUDGEMENT VACATED!!! ..I think..

antso91 — Mon, 24 Nov 2014 20:25:56 GMT

Hello Everyone,

Long story short I had a judgement on my account that I spoke to a few people on here about and they helped me understand I could get it vacated becuase it was paid and done. It was only about a year old and set to stay on my account until I believe 2018. Anyway I had a lawyer write up a motion to vacate and the courts agreed. I recieved a letter in the mail from the court system that says "This Case has been Withdrawn against all parties." To which my lawyer told me ok I was all set, it was vacated.

Great! So I called up transunion and equifax (the only two reporting it) and they told me to fax that sheet over so I did. I called them today and Equifax told me they recieved the docs but an investigation/dispute was still neccesary. Then I called TU and they couldnt even tell me if they had recieved the fax, only that I had to wait until next week to know anything which was odd.

Is it normal for them to file this as a dispute instead of just taking the sheet I faxed them as enough proof?

Thanks for the help.

Re: JUDGEMENT VACATED!!! ..I think..

coterotie — Mon, 24 Nov 2014 21:06:20 GMT

Yes,

It has to go through their dispute process. TU and EX will likely get it done very quickly. EQ may fight you on it. Insist on a supervisor if it doesn't work first time. Had to fight them for 2 years to get an incorrectly dated tax lien removed. Even after they saw the official document in the public records and after i sent them the information from the state, they still wouldn't remove. Finally got a supervisor on the phone who admitted it should have been done 2 years earlier. She had it done while I was on the phone.

@antso91 wrote:
Hello Everyone,

Long story short I had a judgement on my account that I spoke to a few people on here about and they helped me understand I could get it vacated becuase it was paid and done. It was only about a year old and set to stay on my account until I believe 2018. Anyway I had a lawyer write up a motion to vacate and the courts agreed. I recieved a letter in the mail from the court system that says "This Case has been Withdrawn against all parties." To which my lawyer told me ok I was all set, it was vacated.

Great! So I called up transunion and equifax (the only two reporting it) and they told me to fax that sheet over so I did. I called them today and Equifax told me they recieved the docs but an investigation/dispute was still neccesary. Then I called TU and they couldnt even tell me if they had recieved the fax, only that I had to wait until next week to know anything which was odd.

Is it normal for them to file this as a dispute instead of just taking the sheet I faxed them as enough proof?

Thanks for the help.

Re: JUDGEMENT VACATED!!! ..I think..

antso91 — Mon, 24 Nov 2014 21:12:12 GMT

@coterotie wrote:
Yes,
It has to go through their dispute process. TU and EX will likely get it done very quickly. EQ may fight you on it. Insist on a supervisor if it doesn't work first time. Had to fight them for 2 years to get an incorrectly dated tax lien removed. Even after they saw the official document in the public records and after i sent them the information from the state, they still wouldn't remove. Finally got a supervisor on the phone who admitted it should have been done 2 years earlier. She had it done while I was on the phone.

I disputed it right after it happend and was still a valid debt (i just wanted to see what would happen) and TU and EQ Kept it but ex deleted it with no questions asked. I really hope EQ doesnt give me a hard time, I was a little worried when TU told me they couldnt say yes or no that they recieved the fax...makes me a little nervous but I guess I will just wait and see.

I will definitely ask for a supervisor from EQ if they try some funny buisness, I dont see how they can continue to report it, its no longer a valid debt.

Re: JUDGEMENT VACATED!!! ..I think..

RobertEG — Tue, 25 Nov 2014 07:45:17 GMT

You may have to play their silly game, but in actuality, you should NOT be required to dispute.

The judgment was not "reported" to the CRA by any furnisher, it was placed into your credit file by the CRA based on their own search of public records.

There is thus no furnisher who is required to update the reporting to maintain its current accuracy, or for the CRA to forward the dispute for their investigation, and thus no third part involvement.

It should be adequate to simply request the CRA to review the public record and see that the judgment has been vacated from the record.

They dont have to take the sheet you faxed them as adequate proof, but it is clearly reasonable basis for them to simply review the current public record.

I would advise playing their required game, and if you dont receive deletion within a reasonable time, file a formal complaint with the CFPB.

They placed it in your file, and thus are responsible for its timely deletion.

Re: JUDGEMENT VACATED!!! ..I think..

antso91 — Tue, 25 Nov 2014 20:25:17 GMT

RobertEG wrote:

You may have to play their silly game, but in actuality, you should NOT be required to dispute.

The judgment was not "reported" to the CRA by any furnisher, it was placed into your credit file by the CRA based on their own search of public records.
There is thus no furnisher who is required to update the reporting to maintain its current accuracy, or for the CRA to forward the dispute for their investigation, and thus no third part involvement.

It should be adequate to simply request the CRA to review the public record and see that the judgment has been vacated from the record.
They dont have to take the sheet you faxed them as adequate proof, but it is clearly reasonable basis for them to simply review the current public record.

I would advise playing their required game, and if you dont receive deletion within a reasonable time, file a formal complaint with the CFPB.
They placed it in your file, and thus are responsible for its timely deletion.

Th

Thank you for the info. I just checked my dispute on Transunion and it says it was deleted!!! my CK jumped 36pts, still waiting on the MyFico one to register. That was fast, only took 2 days. Now all I am waiting for is EQ to get back to me. Which is the one I thought would be the easiest but from what I have read here, doesnt seem that way.

Re: JUDGEMENT VACATED!!! ..I think..

antso91 — Mon, 01 Dec 2014 14:33:58 GMT

I still havent heard back from EQ, Says its still pending and they have until December 24th to provide me with an answer.

Does anyone know how long it will take the MyFico system to send me an alert that it has detected a change and that a judgement has been removed from my TU? Or is that not something it would do?

Re: JUDGEMENT VACATED!!! ..I think..

Anonymous — Tue, 02 Dec 2014 05:24:38 GMT

Ants,

Can I ask what state you're in? I have a judgement that was PIF back in 2010 in NYC. After I saw your post I thought I'd give it a whirl. Called the court and the person I spoke to said they never heard of such a thing. I asked them if I needed a lawyer in order to file a motion for removal.

Thanks,

Re: JUDGEMENT VACATED!!! ..I think..

antso91 — Tue, 02 Dec 2014 15:06:02 GMT

@Anonymous wrote:
Ants,

Can I ask what state you're in? I have a judgement that was PIF back in 2010 in NYC. After I saw your post I thought I'd give it a whirl. Called the court and the person I spoke to said they never heard of such a thing. I asked them if I needed a lawyer in order to file a motion for removal.

Thanks,

JW

I'm in CT. I called the courts, lawyer who sued me, cap one, too and they all basically laughed at me, told me it wasnt possible and if it was it would cost me way more than it would be worth it. I do know some states do not allow it at all, I'm not sure about NYC but CT allowed it no problem, after I went through a lawyer of course.

Just dont take no for an answer. Unless you specifically have proof that your state does not allow the judgement to be vacated, its possible. You need to make sure you have the satisfied judgement letter as well.

Re: JUDGEMENT VACATED!!! ..I think..

antso91 — Tue, 16 Dec 2014 14:45:09 GMT

I cant explain how frustrating this is. Equifax made me dispute this item with them on November 22, Its STILL showing as pending. I dont understand, It took TU an hour to delete it. I even called EQ the other day and asked why it was taking so long since I had all the proof is was deleted and she told me that they need to complete an investigation blah blah blah and then tried to sell me there credit monitoring service.

Its very annoying. I explained no investigation was even neccesary and that they had everything they needed to delete but she just kept saying they need to finish the "investigation" and that they have until the 24th of December to answer me.

Why do they make this so complicated?

Re: JUDGEMENT VACATED!!! ..I think..

RobertEG — Tue, 16 Dec 2014 22:08:32 GMT

You filed the dispute, so let it run its course.

They have 30 days to conclude their reinvestigation, and five business days thereafter to put their Notice of Results in the mail.

Add mailing time to reach you, and you are near the end of the year before you can assert lack of compliance with their dispute obligations.

Re: JUDGEMENT VACATED!!! ..I think..

antso91 — Wed, 17 Dec 2014 21:30:07 GMT

Wow, I just chekced my dispute status now and it said "Ready" Went into it and it says the public record has been deleted from the credit report. FINALLY. I am so happy.

Now I just wish I could get the two negs from Citi and Cap One off my record, both went into 120 days late. Cap one closed and went to a public record and Citi card I settled directly with them. Neither will budge, even sent an email to the CEO of citi and his office called me that day and explained to me why they wouldnt remove it.