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Removing a small claims court judgement

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Anonymous
Not applicable

Removing a small claims court judgement

In 2005 I recieved a letter from a CA lawyer saying that they were suing me in small claims court for $2040 for a discover card debt that was 5 years old or so without any real previous contact from them. Anyway, I agreed to pay if they would have the case dismissed, which they agreed to. However, when I paid it, the CA had the case dismissed with a judgement rendered by the courts of "Satisfied"
At the time I thought that was the same as having the whole case thrown out and that it would not appear on my CR. Now it is appearing on my report, and according to MyFico's analysis, it is hurting my Fico score even though it is settled.
I have contacted the courts for all the paperwork related to the case. I have contacted the "lawyer" (I put it in quotes becuase the "law" is the farthest thing from their minds) and they basically laughed me off the phone. They even said that they could vacate the judgement, but that they wouldn't. Then he said that I was wasting his time on the phone and hung up.
Does anybody have a clue how to get this thing removed from my CR. I have disputed it several times over the past year or so with no result. The big three did their usual half-assed run through the court, and relisted it.
Can the case be sealed? Can it be vacated by me? Can I have it removed. Any ideas will be helpful. Thank you so much. This is the one thing other than my credit utilization that is pulling my score down. (Don't worry I am working on the credit utilization every month with over time and ramen noodles Smiley Happy    )
 
Thanks

Stephen
 
Message 1 of 6
5 REPLIES 5
Anonymous
Not applicable

Re: Removing a small claims court judgement

Forgot to ask.....since it is satisfied does it really actually hurt my Fico score? I assume it does but I just wanted to know. Also, it is almost 3 years old. How much do you think it is hurting my credit score just be being there?
 
 
Thanks

Stephen
 
 
Message 2 of 6
Anonymous
Not applicable

Re: Removing a small claims court judgement

Simply put, if the judgment is still on your CRs and lists as "satisfied" or "released" it's not been vacated OR dismissed (vacated is just a fancier term, really).

Yes, YOU can file a motion to vacate on the basis that the debt was satisfied prior to court. You don't have a guarantee of getting it vacated on that basis, though. The best avenue to take (hindsight being 20/20, of course) would have been to show up and prepare a defense of satisfaction (meaning, telling the court that the atty/plaintiff just wasted his afternoon when he could have been out playing golf). THAT would have been sufficient grounds to dismiss the case WITH prejudice in your favor.

But because you didn't show up and the atty is an A-hole (or, perhaps the plaintiff), they went ahead (probably because they were already there and you weren't) and went ahead with the suit, securing a judgment against you.

The biggest problem you have against you is that if you don't have proof that the debt was settled prior to court, the atty/plaintiff can object to the motion and have the judgment reinstated. Do you still have proof? DATED proof? If so, you have a shot -- though if the atty/plaintiff are real turds, they could still try to fight it.

Filing might cost you anywhere from $20-100 to $500 (if you have to retain a lawyer) ... some states are "self-help" friendly and will let you file a motion to vacate. Some will tell you to go pound sand without a lawyer.

(If you want to let me know what state you're in and what state you were filed against in, I'll look up your statutes)

BTW, this is why I ALWAYS preach that if you've been served, regardless of whether the debt's out of SoL or whether you've settled prior you MUST still APPEAR!! Attys are not all nice guys. Especially the lowest tier of atty that collects for CAs. IMO, they are the WORST and the sneakiest.

(Not trying to lecture, but I can guaran-durn-tee you that you're not the only person in this situation or prey to it. I'm lecturing for THEM, not you!!!)

As to how it affects your score: I've been told that paid collections and unpaid collections are rated the same as per FICO. Ditto with tax liens (as I know personally) and judgments.

But you CAN get this off your reports. You just have to devote some time, legwork, $$ and persistence!!!

Best of luck!!
Message 3 of 6
Anonymous
Not applicable

Re: Removing a small claims court judgement

Thank you for your help, and on a holiday as well.
First, I am in Massachusetts, and the small claims court clerk is actually pretty friendly.
The way the whole thing happened is the CA contacted me through the summons. I contacted them and wanted to avoid court. They sent me a paper witha  payment agreement on it. The CA submitted it to the court wihtout my knowledge as a "guilty" plea, and a judgement was passed. I had no idea they did this, and paid the whole thing off within 2 months. At the time my understanding was that the CA would drop the case in court after I paid them, not submit it for judgement.
I don't even get why court cases are even listed on your CR. I can sue anyone I want to for any reason and it would be listed in the court records. Does that mean I can destroy someones credit if I wanted to file a bunch of cases? And the court case was for a credit card that was being listed as a charge off anyway, so the credit card was hurting me, then the collections listing was hurting me, and now this is hurting me. Seems almost like the CRA is charging me with the same crime three times.
I've made my mistakes. I have paid (literally) for them. My payment record has been clean for a long time, and yet these still hover over me.
I have not missed a payment in almost 3 years. 7 years or more if you remove the discover card that this is all about (which I wasnt aware of) My credit is finally getting clean and I am not seeing much of a result on my FICO score. It is just frustrating. A feeling I am starting to realize is shared by many many people on this forum.
 
Thanks
Stephen
 
PS. Thanks for letting me rant.
 
Message 4 of 6
Anonymous
Not applicable

Re: Removing a small claims court judgement

De nada! Smiley Happy

Okay, your state court system has a form on their site that you can use:
http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/generalpurposemotion.pdf

Fill this bad boy out and get thee to your local courthouse and file it!!

You want to (obviously) specify that you are the defendant and you want to DISMISS the DEFAULT JUDGMENT. On page two of the document, you'll explain WHY. Be prepared, if you can, to prove that you and the plaintiff made payment arrangements prior to the court date.

On the positive side, MA is a "self-help" state -- meaning, they allow citizens to file motions on default judgments without the help of an atty (some states discourage this). Negative side, filing will cost you roughly $200 in filing fees.

I don't think, after reading your last post, that the plaintiff was being a poophead. Since you made payment arrangements (instead of paying in full prior to) prior to the court date, they wanted some sort of assurance that you would keep to your word. Their approach was actually very common and not at all "illegal."
Message 5 of 6
Red1Blue
Super Contributor

Re: Removing a small claims court judgement

You ask the person suing you to file a form called " NonSuit " with the court. That causes the judgement to be dismissed and automatically removed. You can send that letter to CRA and they must remove the judgment from the CR's. I got 3 judgments removed from my CR.
Message 6 of 6
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