topic Re: Removing a Judgment in Rebuilding Your Credit

Removing a Judgment from your Credit Report

Lboo — Fri, 10 Apr 2015 19:15:48 GMT

I have two judgments on my credit report. One that was entered in 2009 and one entered in 2011. The one entered in 2009 is due to be deleted next year 2016. The collection agency never filed a Release Satisfaction of Judgment. However the collection agency's entry is reporting to Experian as paid. I previously read a thread in the forum that stated that I can do a motion to vacate the judgment to have it deleted from my credit report. So I did a little research to see if I could achieve a deletion. I read the rules of civil procedure for my state to confirm if I had grounds to have the judgment vacated and deleted and it stated: Indiana Rules of Court, Rules of Trial Procedure Rule 60 (7) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or

However, since the collection agency did not file a release satisfaction of judgment my question is: Can I still file a Motion to Vacate on my own without the release? I don't want to wait until next year for the deletion of the judgment.

My second judgment is due to be deleted in 2017. A release satisfaction was entered and the case was dismissed. My next question is: Since the case was dismissed would that be meet the rules on deleting a judgment or would I also need to file a Motion to Vacate Judgment for the second case. Both of the judgments were paid.

Re: Removing a Judgment

Anonymous — Fri, 10 Apr 2015 17:11:15 GMT

Yes, you would need to get the CA to send the release to the court before you can file for vacature (you lucky dog, you).

Re: Removing a Judgment

gdale6 — Sat, 11 Apr 2015 03:11:10 GMT

@Lboo wrote:
I have two judgments on my credit report. One that was entered in 2009 and one entered in 2011. The one entered in 2009 is due to be deleted next year 2016. The collection agency never filed a Release Satisfaction of Judgment. However the collection agency's entry is reporting to Experian as paid. I previously read a thread in the forum that stated that I can do a motion to vacate the judgment to have it deleted from my credit report. So I did a little research to see if I could achieve a deletion. I read the rules of civil procedure for my state to confirm if I had grounds to have the judgment vacated and deleted and it stated: Indiana Rules of Court, Rules of Trial Procedure Rule 60 (7) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or

However, since the collection agency did not file a release satisfaction of judgment my question is: Can I still file a Motion to Vacate on my own without the release? I don't want to wait until next year for the deletion of the judgment.

My second judgment is due to be deleted in 2017. A release satisfaction was entered and the case was dismissed. My next question is: Since the case was dismissed would that be meet the rules on deleting a judgment or would I also need to file a Motion to Vacate Judgment for the second case. Both of the judgments were paid.

A dismissal is sufficient to remove it from you CRs its as if it didnt happen. If any CRA gives you guff over it file a CFPB complaint.

Re: Removing a Judgment

Lboo — Fri, 10 Apr 2015 18:30:39 GMT

Thanks!!!! That's what I thought. I'm also checking the Rules of Civil Procedure that states I can file the Release Satisfaction of Judgment myself if the CA doesn't in a specific time frame.

Re: Removing a Judgment

Lboo — Fri, 10 Apr 2015 18:38:53 GMT

According to Indiana Small Claims Rules Rule 11(D). Judgment: Release of Judgment. Upon payment in full, including accrued interest, the clerk shall notify the judgment creditor and shall require him or her to file a release of judgment. If the judgment creditor fails to file a relase of judgment within (30) days of the issuance of the notice, the clerk shall note in the Chronological Case Summary that the judgment has been satisfied and that the plaintiff has failed to release judgment pursuant to court directive, and the clerk shall note a release judgment in the judgment docket. This is part of what I found. I think I found something else, but this may waive the need for the collection agency's release and I can move forward to a motion to vacate the judgment.

Re: Removing a Judgment

gdale6 — Fri, 10 Apr 2015 22:24:23 GMT

@Lboo wrote:
According to Indiana Small Claims Rules Rule 11(D). Judgment: Release of Judgment. Upon payment in full, including accrued interest, the clerk shall notify the judgment creditor and shall require him or her to file a release of judgment. If the judgment creditor fails to file a relase of judgment within (30) days of the issuance of the notice, the clerk shall note in the Chronological Case Summary that the judgment has been satisfied and that the plaintiff has failed to release judgment pursuant to court directive, and the clerk shall note a release judgment in the judgment docket. This is part of what I found. I think I found something else, but this may waive the need for the collection agency's release and I can move forward to a motion to vacate the judgment.

This only gets it updated to a paid judgment. In order for it to be gone from your CRs before CRTP it has to be dismissed or vacated.

Re: Removing a Judgment

Lboo — Sat, 11 Apr 2015 03:02:52 GMT

The above rule takes place of the CA release as the court acknowledges the debt has been satisfied and I can therefore file the Motion to Vacate according to the other rule that it has been paid. In Indiana when the release is filed by either party a dismissal is included.

Re: Removing a Judgment

gdale6 — Sat, 11 Apr 2015 03:28:10 GMT

@Lboo wrote:
The above rule takes place of the CA release as the court acknowledges the debt has been satisfied and I can therefore file the Motion to Vacate according to the other rule that it has been paid. In Indiana when the release is filed by either party a dismissal is included.

Perfect....

Re: Removing a Judgment

Lboo — Sat, 11 Apr 2015 14:15:18 GMT

Upon closer look of the judgment where the party did not file a release of satisfaction of judgment, I went online to look at the court record to ascertain who the attorney was that filed the lawsuit so I can notify them of the release that I plan to file. Surprisingly the court record indicated that there was "no attorney". Hence, why there probably was no release filed. Most people probably don't know they should or could get a release and dismissal. I also discovered that the court record noted the process of service results. It says that the summons was "copy left/copy mailed". The mailed copy was noted as "unserved". However the service may be sufficient and proper since one copy was taped to the door of my residence. I will further investigate to see if this may be a loophole for improper service which would give me another leg up in getting the case vacated. The court order that I have in my possession is not file-stamped and the judge's signature is a stamp which isn't uncommon but I'm looking at anything that could get this vacated on a technicality. This judgment came about when I co-signed for my daughter's apartment in college and she moved out a month early after the end of the school year and they tacked on some move out cleaning fees and a so-called partial amount of the last month's rent which probably should have came out of her security deposit. She subsequently leased another apartment from this complex and I can't imagine they would let her move in AGAIN the following school year with monies in arrears. Maybe something else I need to investigate. At the time, I let it slip because I felt it would teach her some responsibility. But because I knew this was going to not go well if I co-signed for her and possibly end up with my holding the bag, I unwillingly co-signed because she is my daughter and she was pursuing her degree. Well, I will proceed with this process and let all know how it turns out so if someone else has this challenge they can achieve the same results. Wish me luck!

Re: Removing a Judgment

gdale6 — Sat, 11 Apr 2015 17:09:53 GMT

@Lboo wrote:
Upon closer look of the judgment where the party did not file a release of satisfaction of judgment, I went online to look at the court record to ascertain who the attorney was that filed the lawsuit so I can notify them of the release that I plan to file. Surprisingly the court record indicated that there was "no attorney". Hence, why there probably was no release filed. Most people probably don't know they should or could get a release and dismissal. I also discovered that the court record noted the process of service results. It says that the summons was "copy left/copy mailed". The mailed copy was noted as "unserved". However the service may be sufficient and proper since one copy was taped to the door of my residence. I will further investigate to see if this may be a loophole for improper service which would give me another leg up in getting the case vacated. The court order that I have in my possession is not file-stamped and the judge's signature is a stamp which isn't uncommon but I'm looking at anything that could get this vacated on a technicality. This judgment came about when I co-signed for my daughter's apartment in college and she moved out a month early after the end of the school year and they tacked on some move out cleaning fees and a so-called partial amount of the last month's rent which probably should have came out of her security deposit. She subsequently leased another apartment from this complex and I can't imagine they would let her move in AGAIN the following school year with monies in arrears. Maybe something else I need to investigate. At the time, I let it slip because I felt it would teach her some responsibility. But because I knew this was going to not go well if I co-signed for her and possibly end up with my holding the bag, I unwillingly co-signed because she is my daughter and she was pursuing her degree. Well, I will proceed with this process and let all know how it turns out so if someone else has this challenge they can achieve the same results. Wish me luck!

Interesting, good luck

Re: Removing a Judgment

Lboo — Sun, 26 Apr 2015 22:06:23 GMT

Instead of removing the paid judgment, it was marked as satisfied and my score went down 7 points as if it were new

Re: Removing a Judgment

gdale6 — Sun, 26 Apr 2015 22:56:43 GMT

@Lboo wrote:
Instead of removing the paid judgment, it was marked as satisfied and my score went down 7 points as if it were new

File your CFPB complaint and argue dismissal is the same as it being vacated (as if it never occured). In the box of what you want demand removal of the PR from your CR. An updated PR does not result in score drops like an updated OC or CA does, something else small caused the score drop.

http://www.consumerfinance.gov/complaint/

Re: Removing a Judgment from your Credit Report

Lboo — Sun, 26 Apr 2015 23:21:12 GMT

Thank you. I thought I would have to file something in court. Only one Credit bureau reported like this. Haven't heard from the other two. Hopefully this should take care of it. I just don't understand why the score went down when they updated it as paid?

Re: Removing a Judgment from your Credit Report

Lboo — Sun, 26 Apr 2015 23:21:44 GMT

I mean satisfied.

Re: Removing a Judgment from your Credit Report

gdale6 — Sun, 26 Apr 2015 23:29:42 GMT

@Lboo wrote:
Thank you. I thought I would have to file something in court. Only one Credit bureau reported like this. Haven't heard from the other two. Hopefully this should take care of it. I just don't understand why the score went down when they updated it as paid?

ok, i thought once satisfaction was filed that it automatically came with a dismissal, if I am in error then you would need to see about getting the dismissal and presenting that to the CRAs in a dispute before filing a complaint with the CFPB.

Re: Removing a Judgment from your Credit Report

Lboo — Sun, 26 Apr 2015 23:37:06 GMT

It was dismissed. It says it on the satisfaction of judgment. I even sent the court order. They did not remove it just updated it as satisfied. The CR is Equifax

Re: Removing a Judgment from your Credit Report

gdale6 — Sun, 26 Apr 2015 23:53:36 GMT

@Lboo wrote:
It was dismissed. It says it on the satisfaction of judgment. I even sent the court order. They did not remove it just updated it as satisfied. The CR is Equifax

Ok, there is nothing else then that I see you need to file with the court and its time to proceed to the CFPB complaint but I would wait to see what the other 2 CRAs are going to do.

Re: Removing a Judgment from your Credit Report

Lboo — Mon, 27 Apr 2015 04:50:25 GMT

What if the other two delete? What if they do the same thing?

Re: Removing a Judgment from your Credit Report

Lboo — Thu, 30 Apr 2015 01:43:57 GMT

Update: Transunion DELETED the judgment!!!!

Re: Removing a Judgment from your Credit Report

gdale6 — Thu, 30 Apr 2015 02:03:53 GMT

@Lboo wrote:
Update: Transunion DELETED the judgment!!!!

Well great, that is what they all should be doing with a dismissal.