Judgment on my Experian report that I believe to be invalid - Please help

[Anonymous]

I have a judgment on my Experian credit report that was filed on 6/8/04 for an apartment I rented in 2003. The lease was for the apartment was 1 year but I requested and was given approval by the rental office to vacate after 6 months. Unfortunately, I no longer have a copy of the lease and cannot provide exact move-in/move-out dates. Below is the information shown on my Experian report:

Prince George County Circ

Address: 14735 MAIN ST, UPPER MARLBORO, MD   20772

Identification number: Provided

Plaintiff: Southern Management Corp.

Address Identification Number: Provided

Status: Civil Claim Judgment

Status Details: This item is scheduled to continue on record until Jun 2011. This item was verified and updated on May 2005.

Date Filed: 06/08/2004

Claim Amount: $933

Date Resolved: NA

Liability Amount: NA

What steps, if any, can I take to have this judgment removed from my Experian report?

[RobertEG]

Hi!  You have a rough one to dispute.

They can only enter a judgment in your CR if there has been a court ordered judgment, so it appears that it went to court, and was decided.

The substance of a court judgment is not something you can dispute under the FCRA or administrative procedures.  If the management company gained jugment against you, that is a judicial proceeding that is reviewable only by the court that entered the judgment.

Evidence that you offer needs to go back to the court in a motion to vacate the judgment. 

Message Edited by RobertEG on 11-30-2008 10:11 PM

[Anonymous]

Were you ever served a summons to appear in court?

[Anonymous]

No, I never received a summons to appear in court or perhaps it wasn't sent to the correct address once I moved since the leasing office never requested an address. Who should I contact to request a vacate and what documents do you anticipate that they will require?

[Anonymous]

I know MD requires a summons to be sent in one of three ways, certified mail, a person who is hired to deliver it or by sheriff.

You can contact the courthouse who issued the judgment and let them know you never received anything and see what they say.

Chances are the apartment sent the CMRRR to your last known address at the apartment complex.

[Anonymous]

I contacted my former leasing office and requested a copy of the Lease. They told me that I had to come in and they could only provide me a copy of my payment history. - At least that's a start. I'm going to pick it up today and once I have the document(s) in hand I will inquire about the judgment. I didn't mention it on the phone in case they changed their mind and decided not to provide me with the info.

I called the Circuit Court (to find out the case number) which transferred me to the District Court which transferred me to the landlord tenant office who informed me that they no longer have this information (Filed: 06/08/04) available on their computer system so I would have to come to their office and request a copy. And so it continues but I will remain undeterred.

Thank you all for the advice!!

[Anonymous]

Good News!! But I'll see...

I just returned from the District Court of Maryland and they informed me that the judgment on my Experian credit report is invalid. Apparently, "judgments of possessions" are appearing on some credit reports when they shouldn't because they are not money judgments and they expire after sixty days. They gave me a letter with their seal and signed by the Chief Judge of the District Court of Maryland to send to Experian. I will be sending it along with a letter requesting this information be removed from my credit report within 30 days via CMRRR. Now I'll play the waiting gaming...

I also stopped by my former leasing office to get a copy of my payment history and it shows that my balance is fully satisfied. Do you think I should send this in as well or is the letter from court enough? Also, does anyone have any sample letters for this type of issue or something similar that I can send to a CRA?

Thanks!

[Anonymous]

Well done!!!

I would just attach copy of the letter from the court - I would give EXP 30 dd from receipt to remove or be in violation of credit reporting laws.

After 30 days from receipt, if not amended, I would send an ITS letter.

good luck! 

[Anonymous]

Whoohoo! I just received a letter from Experian stating that the judgment has been deleted. I pulled my Experian and my score has gone up 46 points. 

[Anonymous]

congrats!!!