judgment not on credit report

Anonymous · ‎11-06-2009

i have a judgment on my credit report which was filed july 2004. i went to the court today to try and get a recorded judgment from the county clerks office. she told me that there were actually two judgements from two different plaintiffs. she said one judgement was from 2003 and the courts have taken it off the system because it was from years ago.

can the courts do this? i dont want a judgment that is going to come back and haunt me. its not on my credit report that a mortgage lender pulled, perhaps i should do a myfico pull of all 3 to be sure????

in any event i asked for a record of it i should be getting it within weeks (its in archives and it takes time)

Anonymous · ‎11-07-2009

Sounds like it's really old. But what she told you is that it's old enough that it's not on the court's electronic filing system--not that the court took it off your credit reports. The court does not control what is on your credit reports. That reporting is done by third party companies, who comb the judgment lists, and sell that info to the CRAs.

So I think you're safe on the phantom judgment not showing up for now. Once you get the paperwork on the phantom judgment, you'll need to review all the dates, and take a look at your state's rules on how long judgments can be enforced. Hopefully you are far past that length of time. If you are not, then you may need to consider whether or not you want to pay it off, just to make sure it doesn't turn up as a garnishment or some other mess.

I think I would go ahead and pull all 3 credit reports, especially if I wasn't sure what the mortgage lender pulled. They probably pulled a 3-in-1. See if you can find out. If they didn't pull a 3-in-1, then go ahead and pull just to make sure. You don't want any surprises.

Anonymous · ‎11-08-2009

i recently opened up a bank account after staying off radar for about 5 years. i have no credit cards and nothing else in my name (bank accounts, etc)

what would the plaintiff need to cease my bank account if they wanted to? do they have to file something in court therefore alerting me of their intent to seize my account or will it happen without my knowledge?

i am contemplating closing my new bank account until after the judgment is resolved.

by the way, when i say "judgment" i am referring to the judgment entered in 2004 that IS showing up on my credit reports (although i do have that OTHER judgment that is NOT showing up on all my credit reports but its in the County Court's system)

this is a new question, not to be confused with the original question. i am satisfied with the answer given to the original question, i just dont want to start a thread about the other judgment on my report so i figure id just ask a follow up question

please advise

thanks

Message Edited by musze007 on 11-08-2009 10:46 AM

Jazzzy · ‎11-08-2009

@Anonymous wrote:
i recently opened up a bank account after staying off radar for about 5 years. i have no credit cards and nothing else in my name (bank accounts, etc)

what would the plaintiff need to cease my bank account if they wanted to? do they have to file something in court therefore alerting me of their intent to seize my account or will it happen without my knowledge?

i am contemplating closing my new bank account until after the judgment is resolved.
by the way, when i say "judgment" i am referring to the judgment entered in 2004 that IS showing up on my credit reports (although i do have that OTHER judgment that is NOT showing up on all my credit reports but its in the County Court's system)
this is a new question, not to be confused with the original question. i am satisfied with the answer given to the original question, i just dont want to start a thread about the other judgment on my report so i figure id just ask a follow up question

Hi, not sure what you are looking for here...when you say "resolved," what do you mean?

Do you mean until the judgment falls off your credit report? Are you intending to try to resolve the judgment by partial or full payment?

It's hard for people to advise until you let us know what your intentions are. You may want to do some reading on the Rebuilding Your Credit forum concerning judgments.

Anonymous · ‎11-08-2009

@LynetteM wrote:
@Anonymous wrote:
i recently opened up a bank account after staying off radar for about 5 years. i have no credit cards and nothing else in my name (bank accounts, etc)

what would the plaintiff need to cease my bank account if they wanted to? do they have to file something in court therefore alerting me of their intent to seize my account or will it happen without my knowledge?

i am contemplating closing my new bank account until after the judgment is resolved.
by the way, when i say "judgment" i am referring to the judgment entered in 2004 that IS showing up on my credit reports (although i do have that OTHER judgment that is NOT showing up on all my credit reports but its in the County Court's system)
this is a new question, not to be confused with the original question. i am satisfied with the answer given to the original question, i just dont want to start a thread about the other judgment on my report so i figure id just ask a follow up question
Hi, not sure what you are looking for here...when you say "resolved," what do you mean?

Do you mean until the judgment falls off your credit report? Are you intending to try to resolve the judgment by partial or full payment?

It's hard for people to advise until you let us know what your intentions are. You may want to do some reading on the Rebuilding Your Credit forum concerning judgments.

sorry. what i meant by that statement was that i am considering closing my bank account until i:

-investigate the validity of the judgment and either pay it off or have the judgment vacated. (if the judgment is paid off IMO its resolved. if the judgment is vacated IMO its void, therefore resolved. in other words problem solved)

basically im trying to avoid my money seized as a result of this judgment.

i went to the county clerk office on friday and asked about getting a certified copy of recorded judgment. im supposed to go back and pick it up then examine for discrepencies, etc. then decide whether to pay it off (which would resolve the issue IMO) or whether to file further motions which (hopefully) will end up in judgment vacated. (somehow someway, i havent crossed that bridge yet)

with all the running around i was wondering if i should just close my bank account and keep my account from being seized by the plaintiff who won the judgment

Message Edited by musze007 on 11-08-2009 01:23 PM

Jazzzy · ‎11-08-2009

What type of creditor won the judgment against you? Have they been actively trying to collect?

I would be surprised if they could seize your checking account....but I'm not an expert. I've won judgments against people, but I've never gone after checking accounts. It seems that would take some type of court order, or every creditor who gets a judgment could do that, and I've not heard of it happening here in the forums.

That's a good question to ask on Rebuilding Your Credit.

I wouldn't run out and close my account. Wait until you see what you get from the clerk's office tomorrow and see what it is and if it's yours.

Anonymous · ‎11-08-2009

original creditor: citibank

new century financial is the plaintiff.

new century has sent letters over the years saying that they'll settle for $xxx.xx which is 60% of money owed. sometimes the percentages increase/decrease depending on the month/year. i have not gotten a letter in........a long time (i stopped collecting them and stopped tracking the letters but its been a long time maybe a year +/-)

im going to the court next week to see what they (court) has on record

Message Edited by musze007 on 11-08-2009 02:44 PM

Anonymous · ‎11-09-2009

In the vast majority of states account seizures are relatively simple processes where no advance notice is given to the judgment debtor. There are some methods you can use to make your accounts seizure-proof, but it doesn't always work.

Until a judgment is either paid or time-barred, it can be executed regardless of whether or not it is "in the system."