@Lboo wrote:I have two judgments on my credit report. One that was entered in 2009 and one entered in 2011. The one entered in 2009 is due to be deleted next year 2016. The collection agency never filed a Release Satisfaction of Judgment. However the collection agency's entry is reporting to Experian as paid. I previously read a thread in the forum that stated that I can do a motion to vacate the judgment to have it deleted from my credit report. So I did a little research to see if I could achieve a deletion. I read the rules of civil procedure for my state to confirm if I had grounds to have the judgment vacated and deleted and it stated: Indiana Rules of Court, Rules of Trial Procedure Rule 60 (7) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
However, since the collection agency did not file a release satisfaction of judgment my question is: Can I still file a Motion to Vacate on my own without the release? I don't want to wait until next year for the deletion of the judgment.
My second judgment is due to be deleted in 2017. A release satisfaction was entered and the case was dismissed. My next question is: Since the case was dismissed would that be meet the rules on deleting a judgment or would I also need to file a Motion to Vacate Judgment for the second case. Both of the judgments were paid.
A dismissal is sufficient to remove it from you CRs its as if it didnt happen. If any CRA gives you guff over it file a CFPB complaint.
@Lboo wrote:According to Indiana Small Claims Rules Rule 11(D). Judgment: Release of Judgment. Upon payment in full, including accrued interest, the clerk shall notify the judgment creditor and shall require him or her to file a release of judgment. If the judgment creditor fails to file a relase of judgment within (30) days of the issuance of the notice, the clerk shall note in the Chronological Case Summary that the judgment has been satisfied and that the plaintiff has failed to release judgment pursuant to court directive, and the clerk shall note a release judgment in the judgment docket. This is part of what I found. I think I found something else, but this may waive the need for the collection agency's release and I can move forward to a motion to vacate the judgment.
This only gets it updated to a paid judgment. In order for it to be gone from your CRs before CRTP it has to be dismissed or vacated.
@Lboo wrote:The above rule takes place of the CA release as the court acknowledges the debt has been satisfied and I can therefore file the Motion to Vacate according to the other rule that it has been paid. In Indiana when the release is filed by either party a dismissal is included.
Perfect....
@Lboo wrote:Upon closer look of the judgment where the party did not file a release of satisfaction of judgment, I went online to look at the court record to ascertain who the attorney was that filed the lawsuit so I can notify them of the release that I plan to file. Surprisingly the court record indicated that there was "no attorney". Hence, why there probably was no release filed. Most people probably don't know they should or could get a release and dismissal. I also discovered that the court record noted the process of service results. It says that the summons was "copy left/copy mailed". The mailed copy was noted as "unserved". However the service may be sufficient and proper since one copy was taped to the door of my residence. I will further investigate to see if this may be a loophole for improper service which would give me another leg up in getting the case vacated. The court order that I have in my possession is not file-stamped and the judge's signature is a stamp which isn't uncommon but I'm looking at anything that could get this vacated on a technicality. This judgment came about when I co-signed for my daughter's apartment in college and she moved out a month early after the end of the school year and they tacked on some move out cleaning fees and a so-called partial amount of the last month's rent which probably should have came out of her security deposit. She subsequently leased another apartment from this complex and I can't imagine they would let her move in AGAIN the following school year with monies in arrears. Maybe something else I need to investigate. At the time, I let it slip because I felt it would teach her some responsibility. But because I knew this was going to not go well if I co-signed for her and possibly end up with my holding the bag, I unwillingly co-signed because she is my daughter and she was pursuing her degree. Well, I will proceed with this process and let all know how it turns out so if someone else has this challenge they can achieve the same results. Wish me luck!
Interesting, good luck 