topic Re: Judgment Released? in Rebuilding Your Credit

Judgment Released?

ChuckG — Fri, 06 Jun 2008 19:02:54 GMT

I tried calling the suing attorney's office today to ask them to file a "Letter of Non-Suit" with the court regarding my judgment since it was settled in full 1 month ago. She didn't have a clue what I was talking about and said "the judgment was released, it's up to the court how they report that to the CRAs, we don't have anything to do with CRAs, you have to call the court."

Ugh, so does anyone know what this means? Does a released judgment get dropped from my CR? Or will it just mark it with a 0 balance and fall off in 10 years?... OC hasn't been any help either but they did say they filed with the CRAs saying I was paid in full. GW letters to delete tradeline have been ignored.

I can live with the OC derog remaining since it's legit, but I really really really want this judgment removed since I don't believe I was ever served properly in the first place and I just paid them quickly because they found out where I worked and began to garnish my paycheck. I didn't have time to explore my rights... all the atty's I talked to said that the $ wasn't worth getting a lawyer for anyway.

Re: Judgment Released?

Anonymous — Fri, 06 Jun 2008 19:35:57 GMT

AFAIK, (and it depends on your state, of course) it will fall off anywhere between 2 and 10 years (again, it depends on the state) ...

Personally, I've heard that some courts are not only NOT good about reporting judgments as satisfied, but are just as bad about reporting, period. If you dispute the entries with the CRAs, the court might not even bother to verify and thus, the judgment will cease to report.

Again, it depends on the state and your local court!! YMMV.

Re: Judgment Released?

Anonymous — Fri, 06 Jun 2008 20:04:06 GMT

About time someone gets that same info...I have heard about a Release of Judgment...it means...it was satisfied...I think you would have to get the "Release of Judgment" letter...from the plaintiff's lawyer...or the plaintiff id there was no lawyer involved...the CRA's should delete...with that release letter...

Re: Judgment Released?

ChuckG — Fri, 06 Jun 2008 20:15:45 GMT

I guess I'll wait 30 days to see what happens with my report, if nothing then I'm going to file a "Request to vacate judgment" with the court. It looks like there's about a 50/50 shot of the court simply ruling in my favor, or setting a hearing... if they set a hearing, I can't imagine the attorney would bother showing up to plead their side on a case where I've already paid in full.

Re: Judgment Released?

Anonymous — Fri, 06 Jun 2008 20:39:38 GMT

Forgot to ask: what state are in and how were you served?

If you weren't served properly (according to your state's law) you'd be a good candidate to have the judgment vacated -- but remember, the creditor can still sue you later!!!

Re: Judgment Released?

ChuckG — Fri, 06 Jun 2008 20:50:50 GMT

@Anonymous wrote:
Forgot to ask: what state are in and how were you served?

If you weren't served properly (according to your state's law) you'd be a good candidate to have the judgment vacated -- but remember, the creditor can still sue you later!!!

California.

They said they served me at my home. I was out of the country when the supposedly served me. Problem is, they got my signature from somewhere and put it on their proof of service form... they faxed me a copy when I told them I was never served and wanted to see their proof of service. The only reason I can think of that I wouldn't have much luck with the court is that I waited way too long to act on this even after I found out that the judgment went default.

They could sue me later but for what? I paid them every dime that they were sueing me for... (about 2.5x the actual delinquent amount that I had with the credit card initially, legal fees and interest I guess)

Re: Judgment Released?

Anonymous — Fri, 06 Jun 2008 20:57:22 GMT

The attorney's office means...they released the debt...saying it was satisfied...but they should be able to provide you with that "Release of Judgment" letter...you paid it right???...

Re: Judgment Released?

Anonymous — Fri, 06 Jun 2008 21:05:31 GMT

If you have proof that you were out of CONUS at the time you were "served" you can vacate the judgment ... if you've already paid, it wouldn't be worth their time to sue you again (since they'd lose when you produced proof that you paid).

Proof can be plane tickets (which your CC company can provide you -- hubby travels a LOT and loses his $#@& tickets all the time -- which he needs for reimbursement -- they've always given him copies upon request), hotel receipts, restaurant receipts, etc ... it doesn't take a rocket scientist to know that you can't be overseas AND at your front door signing for a summons at the same time!!!

You can always TELL them that you have PROOF that you were out of CONUS when you "signed" for the summons ... that may be enough motivation to have them clear things up with the court for you. Fraud can be an ugly, ugly, ugly thing to deal with ... ESPECIALLY on court documents. If you add perjury to the mix ...

You can do it. It might take $50 (research fees from your CC or bank) and a little bit of time and a BAD attitude on your part with them, but you CAN do it.

Re: Judgment Released?

ChuckG — Fri, 06 Jun 2008 21:13:22 GMT

@Anonymous wrote:
The attorney's office means...they released the debt...saying it was satisfied...but they should be able to provide you with that "Release of Judgment" letter...you paid it right???...

The provided me with a form called "Acknowledgement of Satisfaction of Judgment" (X marked in the FULL box as opposed to partial or Matured installment)

Line 1 is checked and says Full Satisfaction

Line 6 is checked and says An abstract of judgment has been recorded as follows: (it gives the county and date that the judgment was orgininally filed)

Signed by the Attorney, May 21, 2008

Re: Judgment Released?

granny031350 — Sat, 07 Jun 2008 11:01:27 GMT

You are trying however to get it off your credit report. It should state "satisfied" or "paid" on your credit report. Make sure it is and make sure it shows "satisfied" at the court.

My experience has been that the courts are clueless. I don't think they actually report, i.e. to send in a tape each month. I believe that the cra's get this information from a public record tape that they scan. When I went to talk to the court clerk about my judgment she was clueless and told me that as long as they have it marked "paid" they don't do any more with it and she acted like it was too bad that it reported, but the court never sent it in to the credit bureau. When I ask to get a judgment removed from my daughter's credit report, the court sent her a ROA (register of actions) that shows it satisfied and told HER to send that to the credit bureau. LOL It is still reporting on her credit report. I believe that even if it is "vacated" it will still report.

I was successful in getting one deleted from TransUnion only because TU policy seems to be, dispute/delete. It is still showing on Equifax and Experian and I am just waiting out my time (09) for it to fall off.

Your experience might be different but I don't think the courts actually report the stuff. I believe that the cra's just get it from a PR tape that they probably peruse every month.

Good luck getting it off your credit report. You might just have to wait out the time period.

Re: Judgment Released?

makeynik — Mon, 18 Aug 2008 14:36:40 GMT

I just got a copy of "release of judgement" myself. Is this not the same as "vacate?"
Do I fax a copy to the CRA's in hoping that they remove it? If so, does anyone have the fax numbers?

Thanks....