Do judgements really fall off when they say they will?

[Anonymous]

I have a judgement that shows up on Creditwise and I forget where else but gives a date for 2018  Is that really the end of it when you don't file for bankruptcy?

[RobertEG]

The exclusion of judgments is a combination of both statutory requirement and optional CRA exclusion policy.

Under FCRA 605(a), a judgment must become excluded after the later of either 7 years from date of entry of the judgment, or until the expiration of the period of enforceability of the judgment.

For paid judgments, there is no longer any continuing period of enforceability, and the exclusion will thus occur after 7 years from the date of entry of the judgment.

For unpaid judgments, the exclusion period is not 7 years, and continues as long as the judgment remains unpaid and enforceable.

However, numerous posts in the forum indicate that the CRAs routinely exclude judgments at 7 years from date of entry, even if unpaid.

They apparently dont monitor whether a given judgment remains enforceable, and thus exclude based only the 7 year provision.

The question of whether a normal, expected exclusion date is "really the end" depends upon whether the CRA might, at some time and under some conditions, continue to include a judgment for which they are clearly aware remains unpaid, and active.

Legally, they can continue to include such a judgment, even if past the 7 year period.

[sarge12]

---

@RobertEG wrote:

The exclusion of judgments is a combination of both statutory requirement and optional CRA exclusion policy.

Under FCRA 605(a), a judgment must become excluded after the later of either 7 years from date of entry of the judgment, or until the expiration of the period of enforceability of the judgment.

For paid judgments, there is no longer any continuing period of enforceability, and the exclusion will thus occur after 7 years from the date of entry of the judgment.

For unpaid judgments, the exclusion period is not 7 years, and continues as long as the judgment remains unpaid and enforceable.

However, numerous posts in the forum indicate that the CRAs routinely exclude judgments at 7 years from date of entry, even if unpaid.

They apparently dont monitor whether a given judgment remains enforceable, and thus exclude based only the 7 year provision.

The question of whether a normal, expected exclusion date is "really the end" depends upon whether the CRA might, at some time and under some conditions, continue to include a judgment for which they are clearly aware remains unpaid, and active.

Legally, they can continue to include such a judgment, even if past the 7 year period.

---

Just curious RobertEG...I read somewhere that judgements can be renewed by the creditor through the courts in some States, is this true? I also read if they did, it would show as a new jugement at the CRA.

[Anonymous]

---

@sarge12 wrote:

---

@RobertEG wrote:

The exclusion of judgments is a combination of both statutory requirement and optional CRA exclusion policy.

Under FCRA 605(a), a judgment must become excluded after the later of either 7 years from date of entry of the judgment, or until the expiration of the period of enforceability of the judgment.

For paid judgments, there is no longer any continuing period of enforceability, and the exclusion will thus occur after 7 years from the date of entry of the judgment.

For unpaid judgments, the exclusion period is not 7 years, and continues as long as the judgment remains unpaid and enforceable.

However, numerous posts in the forum indicate that the CRAs routinely exclude judgments at 7 years from date of entry, even if unpaid.

They apparently dont monitor whether a given judgment remains enforceable, and thus exclude based only the 7 year provision.

The question of whether a normal, expected exclusion date is "really the end" depends upon whether the CRA might, at some time and under some conditions, continue to include a judgment for which they are clearly aware remains unpaid, and active.

Legally, they can continue to include such a judgment, even if past the 7 year period.

---

Just curious RobertEG...I read somewhere that judgements can be renewed by the creditor through the courts in some States, is this true? I also read if they did, it would show as a new jugement at the CRA.

---

Robert will chime in, but yes some states they can renew. In Massachusetts a judgement is good for 20 years.

[RobertEG]

Yes, a judgment creditor can motion the court, requesting an extension of the enforceability of the judgment.

They usually only need to show some prior effort to have obtained satisfaction, and grant by the court is usually pro-forma.

Theoretically, the period of enforceability of a jugement could extend indefinately, and thus the ability to obtain a writ of satisfaction, forcing attachment of assets or garnishment of pay.  That can occur regardless of whether a CRA has excluded the judgment from credit reports they issue.

[Anonymous]

Just throwing my personal experience in the conversation. I had a judgment (never pursued) in California from 2010 for about 2k. It was recently removed from all 3 bureaus last month. I watched the date closely that it said was falling off, and it came off just like it said.

I've checked Fico 8, Creditwise, Discover Scorecard, and Credit Karma and it had been wiped. All the best on your own personal journey to get this taken care of.

[RobertEG]

The significant point is that you should not rely upon credit report exclusion as clear basis that you no longer have an enforceable judgment.

They may still be able to pursue forced satisfaction of the judgment thru the court.

[Anonymous]

And if bankrucpy is filed then that wont get rid of it either and can create another mess?

[sarge12]

---

@Anonymous wrote:

And if bankrucpy is filed then that wont get rid of it either and can create another mess?

---

If I am not mistaken, bankruptcy does usually stop judgements...correct me if I'm wrong RobertEG.   Edit...Never mind RobertEG...according to Nolo, a bankruptcy will usually wipe out judgements and garnishment, as long as the underlying debt is dischargable in a bankruptcy