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Advice on Public Record - Civil Judgment

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Jasir
Frequent Contributor

Advice on Public Record - Civil Judgment

I have a Civil Judgment (Individual Debt) for $1,177 showing only on my TU file. It orginated in 07/2007. This is scheduled to fall off 06/2014. I paid this in full (it was to my friend/landlord) but he did not send in the letter stating it was satisfied. (This wasn't malice on his part; we both just forgot about it). Anyway, he sold the building & moved to Florida.

 

My question is: how do I go about getting it removed from TU asap? I did not keep the receipt of payment (it was money order). But can I get it removed by disputing it since he never kept his end of the bargain? Even if I can't prove I paid for it, is it possible to dispute since the orginal plaintiff isn't around to counter-claim? Oh, yes, I did email him but I haven't heard back from him & we've been out of contact for about 1 year.

 

Any advice/insight is appreciated.



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4 REPLIES 4
StartingOver10
Moderator Emerita

Re: Advice on Public Record - Civil Judgment

All he has to do is prepare and sign a Satisfaction of Judgment for you to record in the public records where the original judgment is recorded.

 

Judgments are completely different than a normal debt. Check your state's statutes as to how long they last. Here, in Fl, they are good for 10 years and can be renewed for another ten years. Since yours is paid, definately get the judgment holder to release it and then record the form so you don't have to worry about it any longer.

Message 2 of 5
Jasir
Frequent Contributor

Re: Advice on Public Record - Civil Judgment

The problem is I have no current contact information for the plaintiff; I sent email a few weeks ago but have not heard from him.

I just got off the phone with the court clerk (in PA) and was told:

 

1. Send a certified letter to his last known address; letter should request him to satisfy the judgment.

2. Get return receipt from post office

3. Take the return receipt to the court & petition to satisfy/vacate

4. Bring proof of payment (which teh clerk just couldn't grasp I do not have, lol!)

 

Now, I asked specifically: is there recourse to vacate a judgment after a period where the plaintiff has gone MIA? No direct answer, said I can ask the judge. I pointed out that is a plaintiff took me to court and I did not show the judge rules in plaintiff's favor? Could it be the same here? Of course, she had no idea (and I underrstand that her scope is limited and likely that qualifies as legal advice).

 

She did stress though that pretty much without proof of payment I am not likley to get anywhere. I know it falls off in 2014 & the original plaintiff is never likely to try to renew the claim, but I'd still like it to to satisfied or removed completely for peace of mind.



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Message 3 of 5
Jasir
Frequent Contributor

Re: Advice on Public Record - Civil Judgment

(In my best Professor Farnsworth voice): Good news, everybody! Well, perhaps.

 

Ok. I found a PDF scanned copy of the completed "Letter of Satisfaction" dated February 12, 2008.

 

The original plaintiff's signature is very legible. However, the handwritten claim number and plaintiff and defendant's names are pretty faded, thus I don't expect a printed copy to be very legible. I am taking it down to the court today, but I suspect I will be given grief since it is a copy and not the orginal (sicne the clerk did say they only accept originals).

 

Now, with "letter of satisfaction" in my possesion, think I can get the judgment removed from my credit report?



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Message 4 of 5
Jasir
Frequent Contributor

Re: Advice on Public Record - Civil Judgment

I just returned from the clerks office. They accepted the copy of the orginal "letter of satisfaction" and now when I look up my public record there is a notation of "order to satisfy."

 

Should I now call TU and dispute the unpaid status & request deletion (just in case they will)? Or does anyone think disputing can have an unintentional adverse effect?



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