Paid Judgment not reported

Anonymous · ‎08-23-2009

I paid a judgement off in April with Capital One. They have not updated my credit report/nor have they reported to the court. I have proof of automatic withdrawal and the settlement letter. Are they legally allowed to wait past 90 days to report this info? I am going to purchase a house in the next 30 days and this could become a headache. for Thank you for all of your help.

Underh20 · ‎08-23-2009

@Anonymous wrote:
I paid a judgement off in April with Capital One. They have not updated my credit report/nor have they reported to the court. I have proof of automatic withdrawal and the settlement letter. Are they legally allowed to wait past 90 days to report this info? I am going to purchase a house in the next 30 days and this could become a headache. for Thank you for all of your help.

A lot depends on where the judgment was granted.

Most states have a law which states that a judgment creditor must file a satisfaction of judgment with the court clerk within a relatively short period of time (usually 2 weeks) after the judgment debtor was sent them a written demand to do so. Send them a letter CMRRR demanding they file a satisfaction of judgment.

Once the court clerk does show the judgment as satisfied, it can still take time for that to be reflected on your CR. Often if you give documentation directly to the CRA, they will show the judgment as satisfied on your CR, but generally they like to see a satisfaction of judgment that is notarized.

Anonymous · ‎09-22-2009

Update: Capital One insists there was never a judgement against me- but they do show the account was settled and paid. I sent the proof of payment and settlement acceptance letter to the court and am waiting to see what happens. I think it is pretty ridiculous that Capital One does not even know about their judgement and they refuse to report. The CSR basically insisted I was wrong and was lying (he hung up on me). I am glad my credit has improved enough never to need Crapital One again.

Underh20 · ‎09-23-2009

@Anonymous wrote:
Update: Capital One insists there was never a judgement against me- but they do show the account was settled and paid. I sent the proof of payment and settlement acceptance letter to the court and am waiting to see what happens. I think it is pretty ridiculous that Capital One does not even know about their judgement and they refuse to report. The CSR basically insisted I was wrong and was lying (he hung up on me). I am glad my credit has improved enough never to need Crapital One again.

Want to earn some chump change?

Research your state's civil procedure law and come up with the statute where judgment creditors have a certain amount of time within which they must file a satisfaction of judgment with the court once notified by the judgment debtor.

Sent the judgment creditor (i.e. Crap One) a letter demanding they file a satisfaction of judgment. Send it CMRRR.

After the stipulated period get a copy of your credit report where the judgment is still listed as not paid. Check with the court clerk's office to verify that the judgment is still active.

Go to small claims court and sue Crap One for $2,500 or whatever the limit your state CPL states.

Sit back and wait for your check ... or get a judgment against Crap One and enforce it.