topic Re: Removing a satisfied judgement - Capital One in Rebuilding Your Credit

Removing a satisfied judgement - Capital One

betterscore — Sat, 14 Feb 2009 09:19:27 GMT

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.

Re: Removing a satisfied judgement - Capital One

newt09 — Sun, 15 Feb 2009 14:46:56 GMT

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.

Re: Removing a satisfied judgement - Capital One

betterscore — Sun, 15 Feb 2009 19:05:41 GMT

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).

Re: Removing a satisfied judgement - Capital One

Anonymous — Tue, 17 Feb 2009 23:23:28 GMT

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?

Re: Removing a satisfied judgement - Capital One

Anonymous — Tue, 17 Feb 2009 23:39:13 GMT

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!

Re: Removing a satisfied judgement - Capital One

aquatic1 — Tue, 17 Feb 2009 23:55:54 GMT

@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!

Re: Removing a satisfied judgement - Capital One

betterscore — Wed, 18 Feb 2009 21:13:00 GMT

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.

Re: Removing a satisfied judgement - Capital One

happy0510 — Wed, 18 Feb 2009 21:59:01 GMT

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

Re: Removing a satisfied judgement - Capital One

betterscore — Wed, 18 Feb 2009 22:33:53 GMT

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.

Re: Removing a satisfied judgement - Capital One

happy0510 — Thu, 19 Feb 2009 00:56:20 GMT

Hi,

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

Congratulations

Re: Removing a satisfied judgement - Capital One

Anonymous — Thu, 19 Feb 2009 04:21:53 GMT

aquatic1 wrote:

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!

No, that's not how it's supposed to be. Judgments, unless renewed, are supposed to fall off at the 7 year mark regardless of whether or not they're paid.

Directly from the FCRA:

The Fair Credit Reporting Act [15 USC Section 1681c]

(a)Information excluded from consumer reports...

(2)...civil judgments...that from date of entry, antedate the report by
more than seven years or until the governing statute of limitations has
expired, whichever is the longer period.

So unless your state has stricter reporting requirements (or unless the CRAs translate it as such) whether an item is paid or not makes no difference.

Re: Removing a satisfied judgement - Capital One

Anonymous — Sat, 21 Feb 2009 04:04:02 GMT

I am a Court Clerk that deals with these types of Civil Suits on a regular basis this is how it works on our side the attorney or plaintiff would need to notify the court that the account has been satisfied. This has to be done on their official letter head as well as good contact information. We as the clerks then input the information into the system. After this it is up to you and or Capital One to notify the Credit Report Agency to contact the court to see the status of the suit. Just because the lien was paid does not automatically notify the court that the judgment has been satisfied. The court is just the issuer of the judgment the burden falls unto the defendant to make sure that the plaintiff notifies the court of the current status of the suit post-judgment. I hope that this helped.

Re: Removing a satisfied judgement - Capital One

betterscore — Sat, 21 Feb 2009 07:47:10 GMT

taetae,

Thank you for the information! This really helps to understand a judgment from the court's perspective.

Re: Removing a satisfied judgement - Capital One

Anonymous — Sun, 22 Feb 2009 21:54:06 GMT

Hi taetae

That is GREAT information, thank you. Do you know about any other steps as far as removing judgments from credit reports? Specifically I am wondering about a vacatur of judgment action....like can I file it? The plaintiff atty has been paid in full, and has agreed to file the paperwork to delete the judgement from my credit report, but only after I (or my atty, which I don't have) "re-open" the judgment. I checked with the courthouse the other day, and it was exactly as you described, the case still looks "open" because the plaintiff atty has not filed satisfaction of judgment with the court.

What are some good, acceptable reasons for a vacatur of jugdgement? and I am doing the right thing from the court perspective?

thanks a million!

Re: Removing a satisfied judgement - Capital One

hereicome — Thu, 05 May 2011 16:32:40 GMT

Hi there....I know that this post was from a while back, but I am attempting to have a judgement that is PIF from my CR's as well. Wondering if you were able to have your's removed and the steps that you took.

Thanks in advance.

Re: Removing a satisfied judgement - Capital One

MarineVietVet — Thu, 05 May 2011 16:45:24 GMT

@hereicome wrote:
Hi there....I know that this post was from a while back, but I am attempting to have a judgement that is PIF from my CR's as well. Wondering if you were able to have your's removed and the steps that you took.

Thanks in advance.

Hi there.

I need to let you know that the OP has not been back online in almost 2 years so it's likely you won't receive an answer.

But again you just might!

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".