topic Re: How to remove judgement? in Rebuilding Your Credit

How to remove judgement?

audio-disabled — Mon, 12 Feb 2024 20:27:21 GMT

I tried searching on how to remove judgement, the results keep coming up with more questions than answers.

My brother have a judgement on his file, he is preparing to pay off the amount owed. But how do we go about getting it removed? I'm more familiar with the PFD method, but not judgements.

Thanks!

Re: How to remove judgement?

pizzadude — Mon, 12 Feb 2024 20:34:07 GMT

@audio-disabled wrote:
I tried searching on how to remove judgement, the results keep coming up with more questions than answers.

My brother have a judgement on his file, he is preparing to pay off the amount owed. But how do we go about getting it removed? I'm more familiar with the PFD method, but not judgements.

Thanks!

Can you clarify what you're asking ? For a couple of years judgments haven't been showing on credit reports, are you referring to the debt / collection associated with the judgement ?

Re: How to remove judgement?

audio-disabled — Tue, 13 Feb 2024 02:03:11 GMT

It is a debt collection associated to the judgement for non-payment of something. Not sure exactly what, but definitely debt collection.

Re: How to remove judgement?

pizzadude — Tue, 13 Feb 2024 03:15:23 GMT

@audio-disabled wrote:
It is a debt collection associated to the judgement for non-payment of something. Not sure exactly what, but definitely debt collection.

You should pursue the PFD method for this, regardless of whether a judgement is responsible for the collection.

Re: How to remove judgement?

Meanmchine — Tue, 13 Feb 2024 03:27:52 GMT

After a judgement is PIF, the creditor files a satisfaction of judgement with the court. Have your lawyer try to have the case sealed

Re: How to remove judgement?

bass_playr — Tue, 13 Feb 2024 16:53:58 GMT

Having the case sealed will have no effect on this. It's not a judgment that's being reported on his credit, it is the collection that led to the judgment. Sealing the case won't touch this. The debt itself being reported by the debt collector is the issue. Some CAs do pay for delete and some do not. If you can find out from your brother exactly who is reporting this on the credit, we can help you sort out that debt collector's habit on PFD.

Re: How to remove judgement?

Meanmchine — Tue, 13 Feb 2024 22:56:30 GMT

@bass_playr

@audio-disabled wrote:
I tried searching on how to remove judgement, the results keep coming up with more questions than answers.

My brother have a judgement on his file, he is preparing to pay off the amount owed. But how do we go about getting it removed? I'm more familiar with the PFD method, but not judgements.

Thanks!

This is the question that was asked, this is the question I answered

If the Court seals the case, the judgement can not be reported.

Having the underlying debt removed is a separate issue

Re: How to remove judgement?

bass_playr — Wed, 14 Feb 2024 01:36:27 GMT

@Meanmchine wrote:
@bass_playr

@audio-disabled wrote:
I tried searching on how to remove judgement, the results keep coming up with more questions than answers.

My brother have a judgement on his file, he is preparing to pay off the amount owed. But how do we go about getting it removed? I'm more familiar with the PFD method, but not judgements.

Thanks!
This is the question that was asked, this is the question I answered
If the Court seals the case, the judgement can not be reported.
Having the underlying debt removed is a separate issue

I understand exactly what you were answering. But before you posted that answer, pizzadude posted this:

"Can you clarify what you're asking ? For a couple of years judgments haven't been showing on credit reports, are you referring to the debt / collection associated with the judgement ? "

OP then posted this:

"It is a debt collection associated to the judgement for non-payment of something. Not sure exactly what, but definitely debt collection."

So, OP also clarified what he was asking about.

Judgments are not showing on credit reports and have not been for the last couple years in the same way they used to. So, I posted what I posted in light of this information. There's no need to seal the record in the court--which most courts will be very unlikely to do unless you have a very good reason for asking--because judgments are not showing on credit reports. So clearly the only credit report related issue here is whether or not a debt collector or creditor is reporting it. Thanks.

Re: How to remove judgement?

bass_playr — Wed, 14 Feb 2024 01:29:48 GMT

@Meanmchine wrote:
@bass_playr

@audio-disabled wrote:
I tried searching on how to remove judgement, the results keep coming up with more questions than answers.

My brother have a judgement on his file, he is preparing to pay off the amount owed. But how do we go about getting it removed? I'm more familiar with the PFD method, but not judgements.

Thanks!
This is the question that was asked, this is the question I answered
If the Court seals the case, the judgement can not be reported.
Having the underlying debt removed is a separate issue

Here is more clarification for you on this one. Please dont think I was trying to step on ya, I was not. I'm only trying to make sure that correct info is posted, which will benefit all of us. Thanks

https://library.nclc.org/article/big-changes-credit-reports-improving-accuracy-millions-consumers

Re: How to remove judgement?

Meanmchine — Wed, 14 Feb 2024 04:06:20 GMT

@bass_playr wrote:
@Meanmchine wrote:
@bass_playr

@audio-disabled wrote:
I tried searching on how to remove judgement, the results keep coming up with more questions than answers.

My brother have a judgement on his file, he is preparing to pay off the amount owed. But how do we go about getting it removed? I'm more familiar with the PFD method, but not judgements.

Thanks!
This is the question that was asked, this is the question I answered
If the Court seals the case, the judgement can not be reported.
Having the underlying debt removed is a separate issue
I understand exactly what you were answering. But before you posted that answer, pizzadude posted this:

"Can you clarify what you're asking ? For a couple of years judgments haven't been showing on credit reports, are you referring to the debt / collection associated with the judgement ? "

OP then posted this:

"It is a debt collection associated to the judgement for non-payment of something. Not sure exactly what, but definitely debt collection."

A judgement being PIF and subsequently sealed discharges the debt collection and prevents anyone from viewing the file.

Again, this is why I also said

"Have your lawyer try to have the case sealed"

If the amount of the debt is a few hundred dollars, then the judgement was most likely entered at the municipal level or small claims level. You would have better chance here of having it sealed. If however, judgement is for thousands of dollars and is in the circuit or county level, then it will be more difficult. Your lawyer can advise you. There are lots of debt relief lawyers out there. A quick google or call to your local bar assoc will aid in your finding a good choice

Re: How to remove judgement?

bass_playr — Wed, 14 Feb 2024 16:13:22 GMT

@Meanmchine wrote:
@bass_playr wrote:
@Meanmchine wrote:
@bass_playr

@audio-disabled wrote:
I tried searching on how to remove judgement, the results keep coming up with more questions than answers.

My brother have a judgement on his file, he is preparing to pay off the amount owed. But how do we go about getting it removed? I'm more familiar with the PFD method, but not judgements.

Thanks!
This is the question that was asked, this is the question I answered
If the Court seals the case, the judgement can not be reported.
Having the underlying debt removed is a separate issue
I understand exactly what you were answering. But before you posted that answer, pizzadude posted this:

"Can you clarify what you're asking ? For a couple of years judgments haven't been showing on credit reports, are you referring to the debt / collection associated with the judgement ? "

OP then posted this:

"It is a debt collection associated to the judgement for non-payment of something. Not sure exactly what, but definitely debt collection."

A judgement being PIF and subsequently sealed discharges the debt collection and prevents anyone from viewing the file.
Again, this is why I also said

"Have your lawyer try to have the case sealed"

If the amount of the debt is a few hundred dollars, then the judgement was most likely entered at the municipal level or small claims level. You would have better chance here of having it sealed. If however, judgement is for thousands of dollars and is in the circuit or county level, then it will be more difficult. Your lawyer can advise you. There are lots of debt relief lawyers out there. A quick google or call to your local bar assoc will aid in your finding a good choice

This is also not correct. The debt collector has permissible purpose to report the COLLECTION on your credit--the judgment is, as you already noted, a separate issue entirely. Sealing the court file only affects the court file. It does NOT remove the collection from your credit. And a paid collection can still stay on your report until the 7 years is up. Some collectors will remove once paid. Others will not. And since judgments are no longer reported on credit, sealing the JUDGMENT has no effect on the credit report at all. The collection is different than the judgment. Two completely separate things. If the CA reports a JUDGMENT, you would have reason to dispute since judgments are no longer reporting. But the judgments are not reported by debt collectors--they are reported because they appear on public records from the courts.

Also, again, sealing a record must involve an extraordinary situation because court rulings are public record, and absent those extraordinary circumstances, the courts are bound to protect their status as public records. No court will seal a civil debt collection suit simply because you want it sealed. There needs to be an extraordinary consideration that shows the public interest is outweighed, warranting the sealing of that record. Otherwise, courts and judges are required to adhere to public records laws.

Here is a link with several attorneys discussing exactly what I just said re: extraordinary circumstances being required to request a case be sealed.

https://www.avvo.com/legal-answers/can-you-seal-and-expunge-a-civil-case--3409914.html

The simple answer here is to not be concerned about trying to do away with the judgment and address the collection. With all respect, your contention that the collection being PIF and the judgment sealed would prevent anyone from seeing it is incorrect. Since judgments are no longer reported, we must remove that from the mix here. That leaves us with a collection. Once it is PIF, the collection is no longer continuing, but that is not going to automatically remove it from credit either. Tons of people here and elsewhere have had paid collections on their reports that still remain until the 7 years expires....you could pay it when it's 2 years old, that doesnt remove the FCRA provision that allows it to stay on for a total of 7 years.

The best answer here is to try to pay for delete. Nothing about the court or judgment will affect this.

Re: How to remove judgement?

Meanmchine — Thu, 15 Feb 2024 12:07:37 GMT

Once the file is sealed, OP can simply challenge any mention of the judgement with the CRAs. Being that the case is sealed, verification will fail

Again, speak to an attorney. Initial consultations are typically free.

Quoting from @bass_playr post

"Posted on Feb 22, 2018

If you have settled this case and have finished paying them off, they will be required to file a satisfaction of judgment. If you want to have the judgment vacated, you can seek relief from the judgment based on the fact that it has been satisfied. This really depends on what judge you get in front of and whether the plaintiff will try to oppose it, but I have found most plaintiffs don't want to spend the time opposing such a motion after the judgment is satisfied. Given the fact that you settled this debt post-judgment, I think you will not get a sympathetic judge to listen to you if you want to get the judgment vacated for lack of service, even though that is your due process right and you would be entitled to it if you were never properly served with the summons and complaint."

Rules governing this type of relief varies from jurisdiction to jurisdiction which is why I continue to advocate for you seeking legal advice

Re: How to remove judgement?

bass_playr — Thu, 15 Feb 2024 13:58:31 GMT

@Meanmchine wrote:
Once the file is sealed, OP can simply challenge any mention of the judgement with the CRAs.

OK, you seem to be very confused about this. Once again, there is NO mention of a judgment on the CRAs. OP clarified this already. The COLLECTION shows on the credit report, not a judgment. This is because judgments were removed from credit reporting, as already shown to you. The judgment and the collection are two completely separate things--you said so yourself when you stated this in post #7:
"Having the underlying debt removed is a separate issue"

For some reason, you're now back to claiming that "sealing the record" will remove any mention of the collection. It won't.

Being that the case is sealed, verification will fail
Again, speak to an attorney. Initial consultations are typically free.

No, it will not. Do you know about e-OSCAR? Verifications are NOT done the way the law says they must be done these days. The CRAs consult an online database called e-OSCAR to see if an entry is "verified" or not. The law says they must contact the furnisher and notify them of the dispute---it doesnt actually happen that way. So, all the CRA would do is check e-OSCAR, see how it was previously reported, and verify it. I've been involved in this game for a long time--nearly 20 years now. It's not at all uncommon to see disputes come back as "verified" even when the furnisher that supposedly verified it isnt even in existence anymore. It's been this way for years now.

Quoting from @bass_playr post

"Posted on Feb 22, 2018

Look, I mean zero disrespect, but this is starting to seriously look like you're desperate to prove me wrong. I'm not here for that. And neither should you be. You're seriously searching back six years to try to "get" me or something? Please, stop. You're only getting more and more things wrong as you continue this. Not one word of what you quoted from me below has anything to do with the OP's situation here. You're confusing terms that are not interchangeable. Here, I'll explain for you.

If you have settled this case and have finished paying them off, they will be required to file a satisfaction of judgment. If you want to have the judgment vacated, you can seek relief from the judgment based on the fact that it has been satisfied.

You completely misunderstand here. VACATING a judgment and SEALING a judgment are two completely different things, that serve two completely different purposes, and one will not serve the function of the other. When the court vacates the judgment, it's saying that the judgment no longer needs to be in existence. There are many reasons to move to have a judgment vacated, and NONE of them have anything to do with sealing a judgment.

Also, when you vacate a judgment, even if it showed up on your credit, the COLLECTION is still unaffected. So, even though in this case the OP clarified that only the COLLECTION is on the credit, even if the judgment were showing there too, ONLY THE JUDGMENT would be affected by vacating the judgment. The COLLECTION reported is still completely legal to keep on until it hits the 7 year mark. I don't know why you're pushing this hard to try to be "right"....but not only is it not working, it's making you look like you're on some sort of vendetta here. Please, don't let that be the case. My purpose here is to help others and learn more for myself, not to be in some sort of feud with you over "who is right".

This really depends on what judge you get in front of and whether the plaintiff will try to oppose it, but I have found most plaintiffs don't want to spend the time opposing such a motion after the judgment is satisfied. Given the fact that you settled this debt post-judgment, I think you will not get a sympathetic judge to listen to you if you want to get the judgment vacated for lack of service, even though that is your due process right and you would be entitled to it if you were never properly served with the summons and complaint."

The rest of that is me discussing one of the more common reasons to try to vacate a judgment, and how the court would likely not entertain a move to vacate for improper service. Again, completely different than this issue and has literally not one thing at all to do with this one.

Rules governing this type of relief varies from jurisdiction to jurisdiction which is why I continue to advocate for you seeking legal advice

And again, you're not going to EVER get a judgment sealed because "I don't want it to show up on my credit report, Your Honor". That is the fact. And I made this clear to you when I posted a link with attorneys discussing the required conditions to get a judgment sealed....it MUST be for extraordinary considerations, and a "typical" debt judgment does NOT meet any of those. So please, actually look at the info being posted for you and stop recommending that OP take actions which are NOT valid to solve the issue at hand and will NOT ever be granted simply because "but I want it to be sealed, Your Honor". It simply does not and will not work that way.

OP has a debt collection-- NOT a judgment--showing on the report. The debt collection--as you yourself already agreed, is COMPLETELY A SEPARATE ISSUE from a judgment. You CANNOT seal a judgment absent extraordinary circumstances that simply are not present in this case. And even if you could, as you already agreed, the COLLECTION and JUDGMENT are two completely separate issues. Even if somehow the judgment were to be sealed, the COLLECTION can and will still be independently verifiable without any law being broken. PFD, as multiple people here have suggested, is the way to go. At the very least, even if the CA won't PFD, the paid collection will do less harm to credit scores than an unpaid one.

Now, please, stop this. It looks quite unhealthy. Repeating the same error will not suddenly make it true. And searching back SIX YEARS in my posts just to try to "prove me wrong" is, again with no disrespect at all intended, quite a bit "much" at this point. Your suggestion is legally flawed and not correct. Hey, we all have been there. I've made lots of mistakes and been corrected lots of times on these forums since I joined the first one 19 years ago. It's OK to be wrong, we all are at times. No harm, no foul. There's no reason we can't all be friends even when someone's got something in error. Thanks.

Re: How to remove judgement?

Brian_Earl_Spilner — Thu, 15 Feb 2024 14:18:58 GMT

@bass_playr wrote:
@Meanmchine wrote:
@bass_playr wrote:
@Meanmchine wrote:
@bass_playr

@audio-disabled wrote:
I tried searching on how to remove judgement, the results keep coming up with more questions than answers.

My brother have a judgement on his file, he is preparing to pay off the amount owed. But how do we go about getting it removed? I'm more familiar with the PFD method, but not judgements.

Thanks!
This is the question that was asked, this is the question I answered
If the Court seals the case, the judgement can not be reported.
Having the underlying debt removed is a separate issue
I understand exactly what you were answering. But before you posted that answer, pizzadude posted this:

"Can you clarify what you're asking ?   For a couple of years judgments haven't been showing on credit reports, are you referring to the debt / collection associated with the judgement ? "

OP then posted this:

"It is a debt collection associated to the judgement for non-payment of something. Not sure exactly what, but definitely debt collection."

A judgement being PIF and subsequently sealed discharges the debt collection and prevents anyone from viewing the file.
Again, this is why I also said

"Have your lawyer try to have the case sealed"

If the amount of the debt is a few hundred dollars, then the judgement was most likely entered at the municipal level or small claims level. You would have better chance here of having it sealed. If however, judgement is for thousands of dollars and is in the circuit or county level, then it will be more difficult. Your lawyer can advise you. There are lots of debt relief lawyers out there. A quick google or call to your local bar assoc will aid in your finding a good choice
This is also not correct. The debt collector has permissible purpose to report the COLLECTION on your credit--the judgment is, as you already noted, a separate issue entirely. Sealing the court file only affects the court file. It does NOT remove the collection from your credit. And a paid collection can still stay on your report until the 7 years is up. Some collectors will remove once paid. Others will not. And since judgments are no longer reported on credit, sealing the JUDGMENT has no effect on the credit report at all. The collection is different than the judgment. Two completely separate things. If the CA reports a JUDGMENT, you would have reason to dispute since judgments are no longer reporting. But the judgments are not reported by debt collectors--they are reported because they appear on public records from the courts.

Also, again, sealing a record must involve an extraordinary situation because court rulings are public record, and absent those extraordinary circumstances, the courts are bound to protect their status as public records. No court will seal a civil debt collection suit simply because you want it sealed. There needs to be an extraordinary consideration that shows the public interest is outweighed, warranting the sealing of that record. Otherwise, courts and judges are required to adhere to public records laws.

Here is a link with several attorneys discussing exactly what I just said re: extraordinary circumstances being required to request a case be sealed.
https://www.avvo.com/legal-answers/can-you-seal-and-expunge-a-civil-case--3409914.html

The simple answer here is to not be concerned about trying to do away with the judgment and address the collection. With all respect, your contention that the collection being PIF and the judgment sealed would prevent anyone from seeing it is incorrect. Since judgments are no longer reported, we must remove that from the mix here. That leaves us with a collection. Once it is PIF, the collection is no longer continuing, but that is not going to automatically remove it from credit either. Tons of people here and elsewhere have had paid collections on their reports that still remain until the 7 years expires....you could pay it when it's 2 years old, that doesnt remove the FCRA provision that allows it to stay on for a total of 7 years.

The best answer here is to try to pay for delete. Nothing about the court or judgment will affect this.

This is the correct answer. It's similar to when a utility hires a collection agency. While the utility may not be reporting the debt, the collection agency they hire to recover can. Even if they did report it, the collection agency can report it as well, as it is a separate entity despite being for the same debt the OC is reporting. When reporting the collection they don't put a note that it's from a judgement so there's no grounds to remove it. If they did put a note for judgement then you could argue to have it removed. IMO, it should be handled the same way a CA is when they're collecting on behalf of a lender. Negotiate a PFD or go straight to the courts to see if you can have it recalled. Whether the courts can recall the debt, I have no idea. I've never been sent to collections for a ticket or judgement, but that's where I would start.