Judgement Confusion

[Anonymous]

Hello all,

New to the boards (and credit repair) .. Want to say thanks for all of the great info here.  However, I am a bit confused about a judgement on my CR.

I have a judgement for a rental agreement that was filed on 11/2005 in Delaware.  I have now been a resident of New York for 3 years.  The judgement is for a small amount($611), but I am skeptical on whether or not to pay it.  Some sources say that paying a judgement will reset the 7 year reporting period.  Others say it is 7 years from the date that it was filed.  I have also heard that if I don't pay it, the judgement can be renewed for another 7 years.  Additionally, I read in a separate post the following information:

New York State Residents Only:

• Satisfied judgments remain 5 years from the date filed.
• Paid collections remain 5 years from the date of last activity.

Since I am a New York resident, does this apply to me even though the judgement was filed in Delaware? 

Any help with this would be greatly appreciated, as everything else on my credit report I have found loads of information on.

Thanks!

[guiness56]

Hi and welcome to the forums.

Judgments come off your credit report 7 years from date filed.  It makes no differenc whether it is paid or not.

So, no, paying it will NOT keep it from coming off when you expected.

Yes, the NYC FCRA says paid collections/judgments will be removed after 5 years.  As far as it having to have been filed in NY, I am not sure, but, I do not think so.

As long as you are a current resident of NY is the only stipulation.

[Anonymous]

guiness,

Thanks for the response..  While waiting for feedback, I decided to call TU to see if they could shed any light on this.

The lady was very helpful, and said that even though I am a NY resident, the 5-year rule doesn't apply to me.  However, one thing I am curious about is the SOL for Delaware.  Apparently there is no SOL in DE, so even if I wait until it falls off, it may be possible for them to renew the judgement.  Not sure how that works with me living out of state though. 

Should I just suck it up and pay the $611 (Assuming there isn't any unreported interest charges) ?

[guiness56]

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@Anonymous wrote:

guiness,

Thanks for the response..  While waiting for feedback, I decided to call TU to see if they could shed any light on this.

The lady was very helpful, and said that even though I am a NY resident, the 5-year rule doesn't apply to me.  However, one thing I am curious about is the SOL for Delaware.  Apparently there is no SOL in DE, so even if I wait until it falls off, it may be possible for them to renew the judgement.  Not sure how that works with me living out of state though. 

Should I just suck it up and pay the $611 (Assuming there isn't any unreported interest charges) ?

---

I am trying to find out about NY FCRA.  I know if you are a resident there is a 5 year rule for paid judgments.  Don't know that it matters where it was filed.

As for the SOL in Delaware, no, there is not one for judgments.  That is only for collecting though, not for how long it reports.  Even if they renew it, it does not mean it stays another 7 years, it only gives them more time to collect.

[RobertEG]

Just remember that credit scoring is not your only concern.

If it drops from your CR, either at 7 years from date of judgment under the federal FCRA, or at 5 years under the NY FCRA, that is only a credit reporting and FICO scoring issue.  It does not erase the debt.  Unpaid debt remains forever.

The prevailing creditor in the initial court proceeding that resulted in the judgment might still take steps, regardless of any FCRA issues, to go bsck to the court.

What were the court's terms for payment, and have you met them?  Does the court provide for a new judgment based on your failure to comply with payment under their prior judgment?

In my opinion, I think you need legal counsel.  I doubt that simple concerns over credit reporting dates are your major legal concern until the debt itself has been satisfied.

[Anonymous]

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@Anonymous wrote:

Hello all,

New to the boards (and credit repair) .. Want to say thanks for all of the great info here.  However, I am a bit confused about a judgement on my CR.

I have a judgement for a rental agreement that was filed on 11/2005 in Delaware.  I have now been a resident of New York for 3 years.  The judgement is for a small amount($611), but I am skeptical on whether or not to pay it.  Some sources say that paying a judgement will reset the 7 year reporting period.  Others say it is 7 years from the date that it was filed.  I have also heard that if I don't pay it, the judgement can be renewed for another 7 years.  Additionally, I read in a separate post the following information:

New York State Residents Only:

• Satisfied judgments remain 5 years from the date filed.
• Paid collections remain 5 years from the date of last activity.

Since I am a New York resident, does this apply to me even though the judgement was filed in Delaware? 

Any help with this would be greatly appreciated, as everything else on my credit report I have found loads of information on.

Thanks!

---

Was the judgment issued by a housing court?  Many housing court judgments contain provisions for vacating automatically upon payment. 

I'm not sure what the SOL is in Delaware on enforcement of judgments or if a judgment can be renewed, but I can assure you that very few judgments that are renewable are actually renewed.  In the unlikely case it is renewed, and depending on the actual renewal process in Delaware, it may be that the renewal creates a totally new judgment which then can be placed on your credit reports for an additional 7 years. 

[Anonymous]

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@Anonymous wrote:

Was the judgment issued by a housing court?  Many housing court judgments contain provisions for vacating automatically upon payment. 

I'm not sure what the SOL is in Delaware on enforcement of judgments or if a judgment can be renewed, but I can assure you that very few judgments that are renewable are actually renewed.  In the unlikely case it is renewed, and depending on the actual renewal process in Delaware, it may be that the renewal creates a totally new judgment which then can be placed on your credit reports for an additional 7 years. 

---

It was issued by a JP court.  I'm going to call the court again later on and ask if there are any such provisions.  Last time I talked to the lady, she was not very friendly or helpful, she simply kept telling me to call the apartments.   Additonally, I am also having trouble getting ahold of the management company that was responsible for filing the judgement in the first place.  I'm going to also contact an attorney that can tell me definitively whether or not the 5-year rule applies to me, as that has a big effect on whether or not I give this judgement priority over a different creditor that I may want to negotiate with.. 

I do not believe they will make any attempt to renew the judgement, as I have not heard anything from them since 2005.  If for some reason the management company does not exist anymore (I know the apartment complex where this originated is under new management, and I cannot find the management company anywhere on the internet), does that change how this judgement should be handled?

[Anonymous]

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@Anonymous wrote:

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@Anonymous wrote:

Was the judgment issued by a housing court?  Many housing court judgments contain provisions for vacating automatically upon payment. 

I'm not sure what the SOL is in Delaware on enforcement of judgments or if a judgment can be renewed, but I can assure you that very few judgments that are renewable are actually renewed.  In the unlikely case it is renewed, and depending on the actual renewal process in Delaware, it may be that the renewal creates a totally new judgment which then can be placed on your credit reports for an additional 7 years. 

---

It was issued by a JP court.  I'm going to call the court again later on and ask if there are any such provisions.  Last time I talked to the lady, she was not very friendly or helpful, she simply kept telling me to call the apartments.   Additonally, I am also having trouble getting ahold of the management company that was responsible for filing the judgement in the first place.  I'm going to also contact an attorney that can tell me definitively whether or not the 5-year rule applies to me, as that has a big effect on whether or not I give this judgement priority over a different creditor that I may want to negotiate with.. 

I do not believe they will make any attempt to renew the judgement, as I have not heard anything from them since 2005.  If for some reason the management company does not exist anymore (I know the apartment complex where this originated is under new management, and I cannot find the management company anywhere on the internet), does that change how this judgement should be handled?

---

If the judgment creditor no longer exists, that could create additional burdens should you eventually want to have the judgment vacated or even just satisfied.  You'd need to establish whether or not the original judgment creditor legally exists and, if not, who is no the owner of that company's obligations.  I suspect that the real estate management company obtained the judgment on behalf of the actual property owners so the debt survives the company in all aspects.

[johnpalley]

guiness56, are you sure about this? cause if this is true than thats great news. i thought if i paid my unpaid judgement from 06 it would make it current again and then i would have to wait another 7 years for it to be removed from my reports. thats the reason im scared to pay it.  im in ma