topic Re: Judgement on Credit Report in Rebuilding Your Credit

Judgement on Credit Report

NikJ4 — Mon, 25 Jan 2010 04:22:55 GMT

Ok, I have a judgement, I was never served. Just got a letter in the mail. What do I do? Do I PFD or GW? Also do I do this to the CA who put the judgement on my credit or the OC? The balance is still being reported by the OC and the CA? Please advise.

This is a Best Buy acct which Palisades purchased...

Thanks in advance,

Re: Judgement on Credit Report

RobertEG — Mon, 25 Jan 2010 04:33:34 GMT

The first thing you do is contact the court clerk where the supposed judgment was recorded.

See if you were ever served notice of legal action, and if there was in fact a judgment entered. Who was the prevailing plaintiff?

Once you document your case, file a dispute under FCRA 611(a) for inaccurate entry in your credit file.

You can also DV, but that requires no firm date of response. If you do DV, it must be to the CA. You cannot DV an OC.

I dont thnk the CA ever purchased the debt. If they did, the OC must update to show 0 balance on the OC account.

It appears that the CA was just assigned collection duty.

Re: Judgement on Credit Report

Anonymous — Mon, 25 Jan 2010 05:00:09 GMT

RobertEG wrote:

The first thing you do is contact the court clerk where the supposed judgment was recorded.
See if you were ever served notice of legal action, and if there was in fact a judgment entered. Who was the prevailing plaintiff?
Once you document your case, file a dispute under FCRA 611(a) for inaccurate entry in your credit file.
You can also DV, but that requires no firm date of response. If you do DV, it must be to the CA. You cannot DV an OC.

I dont thnk the CA ever purchased the debt. If they did, the OC must update to show 0 balance on the OC account.
It appears that the CA was just assigned collection duty.

I disagree with the advise to dispute for inaccurate entry.

First, we don't know if it is inaccruate.

Second, even if they weren't properly served, if there was a judgment issued against them, then the entry is accurate.

Advocating disputing accurate information is not allowed per the Credit Repair Discussion Guidelines, Terms of Service, and User Guidelines

Please refrain from doing so in the future.

Re: Judgement on Credit Report

Anonymous — Mon, 25 Jan 2010 05:01:21 GMT

You need to find out where the judgment was entered and what "proper service" is.

When you say you were never served, but got a letter. What was the letter? Was it saying they were taking you to court or a letter after the fact?

In some places, all they had to do was put it in the local paper.

Once you find out if you were properly served, figure out who sued. The OC or CA?

The CA didn't put the judgment on your report, nor did the OC or the courts, that is reported by a third party company that reports public information to the CRA.

Only way to get a judgment removed is to have it vacated. This will go through the court and if the plaintiff contests, you have to have a good reason for vacating it. If they agree to vacate it, it is a bit easier, depending on the judge. In some places all that has to be done is some papers filed, other places you must go in front of the judge.

Check the state resources thread.

Re: Judgement on Credit Report

RobertEG — Mon, 25 Jan 2010 05:13:03 GMT

My post never suggested dispute of accurate information.

Note that I first suggested verification. I never suggested filing a dispute now, without documentation.

All I suggested was to first obtain documentation of the existance, or lack therof, of any court judgment. If it is not recorded, then posting of a judgent to one's CR is inaccurate.

The OP said he/;she disputed the judgment, and was never served notice. If documentation is obtained that no such judment exists, then dispute under FCRA 611(a) is totally appropriate.

Message Edited by RobertEG on 01-24-2010 09:13 PM