Removing Judgments before 7 years

[TG_Fico]

I have a judgment on my CR from 2007.  It is showing paid/satisfied, but I'm wondering if there is anyway to have it removed before the 7 years.  I'm really trying to explore my options to increase my CS.  I've contacted the bureaus and had some paid collections removed,  but I'm not sure about this judgment, which has a high impact on my score.  I welcome any advice.

[ScoreBooster]

You need to have the judgment vacated. If it's paid, that should be possible.

[Anonymous]

To have a judgment vacated means there was something done wrong in the process.  Like not be served properly.

The judgment creditor may be willing to have it removed.  Have you talked to them?

Where do you live?  In NY paid judgments can be removed after 5 years.

[jackig64]

Hmmm I have a judgement for a Gym membership when talking to the collection guy (just recently) he let slip that that notices for court were returned as REFUSED.  I told him (and it was true) that at the time my ex husband and I were seperated but still living together.  My EX must have refused the mail.  I still have issues with the judgement to begin with the GYM has notes in the system that I called in 2002 to cancel, and they gave me the fax number..  I sent the fax to cancel the membership..BUT they still charged me...LOW and BEHOLD in 2007 (five years after cancelling...insanse)  they were successful in getting a judgement against me ....TOTAL BS...if I had shown up in court I probably could have prevented it, but I didn't receive the notices.  I should just pay it then ask for judgement to be vacated.  Hmmm?

[TG_Fico]

---

@Anonymous wrote:

To have a judgment vacated means there was something done wrong in the process.  Like not be served properly.

The judgment creditor may be willing to have it removed.  Have you talked to them?

Where do you live?  In NY paid judgments can be removed after 5 years.

---

Thanks.  I'll check about having the judment vacated.  I live in IN and the standard is 7 years as with any negative account.  I've had negative accounts removed before 7 years so I was wondering if I could do the same with a judgment.

[TG_Fico]

---

@jackig64 wrote:

Hmmm I have a judgement for a Gym membership when talking to the collection guy (just recently) he let slip that that notices for court were returned as REFUSED.  I told him (and it was true) that at the time my ex husband and I were seperated but still living together.  My EX must have refused the mail.  I still have issues with the judgement to begin with the GYM has notes in the system that I called in 2002 to cancel, and they gave me the fax number..  I sent the fax to cancel the membership..BUT they still charged me...LOW and BEHOLD in 2007 (five years after cancelling...insanse)  they were successful in getting a judgement against me ....TOTAL BS...if I had shown up in court I probably could have prevented it, but I didn't receive the notices.  I should just pay it then ask for judgement to be vacated.  Hmmm?

---

If you truly owe the debt, I would advise paying it and figuring out how to remove it from your credit later.  If not, it could be more costly in the end.

[ScoreBooster]

---

@Anonymous wrote:

To have a judgment vacated means there was something done wrong in the process.  Like not be served properly.

---

That's only ONE reason to have a judgment vacated - but certainly not the only one. Every State has its own regulations. In Florida, the following law applies:

RULE 1.540. RELIEF FROM JUDGMENT, DECREES, OR ORDERS
(a) Clerical Mistakes. Clerical mistakes in judgments, decrees, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time on its own initiative or on the mo-tion of any party and after such notice, if any, as the court orders. During the pendency of an appeal such mis-takes may be so corrected before the record on appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.
(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc. On motion and upon such terms as are just, the court may relieve a party or a party‘s legal representative from a final judgment, decree, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) that the judgment or decree is void; or (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been re-versed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application. The motion shall be filed within a reasonable time, and for reasons (1), (2), and (3) not more than 1 year after the judgment, decree, order, or proceeding was entered or taken. A motion under this subdivision does not affect the finality of a judgment or decree or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order, or proceeding or to set aside a judgment or decree for fraud upon the court.

Even after a BK-discharge, you can have a judgment vacated. Here in Florida, you can file such a motion 1 year post discharge.

[Anonymous]

The specific articles and chapters can be pulled up directly from the Indiana General Assembly website.  It's IC 34-54-6, I tried to copy it here but it pasted as some uncooperative hypertext. 

There is nothing stated in the entire article or the specific chapter listed above that provides for or prevents having a judgment vacated.  Even looking through some of the other articles regarding civil proceedings I couldn't find anything about the court's grounds to vacate.  It looks like something you would need to talk to a legal professional about because it seems like a grey area for your state.

[TG_Fico]

---

@Anonymous wrote:

The specific articles and chapters can be pulled up directly from the Indiana General Assembly website.  It's IC 34-54-6, I tried to copy it here but it pasted as some uncooperative hypertext. 

There is nothing stated in the entire article or the specific chapter listed above that provides for or prevents having a judgment vacated.  Even looking through some of the other articles regarding civil proceedings I couldn't find anything about the court's grounds to vacate.  It looks like something you would need to talk to a legal professional about because it seems like a grey area for your state.

---

Thanks for this info.  I will look into it!

[jackig64]

That's the thing, I really don't think that I owe the debt.  I even had a long conversation with the Manager of the Gym (thats when he read back that note that I called in for the fax number to cancel to the membership, so they clearly knew the intent to cancel was there)  a few months ago, I sent the fax to cancel the membership they didn't receive it...unfortunately that was YEARS ago and I no longer have the paperwork.  They filed the Judgement FIVE YEARS after the cancellation period and never tried to collect prior.  I know I will end up paying it, but it just burns me.