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Ok I have a public record from 2012 for a judgment from equitable ascent financial which is now out of business....how do i get it removed? I also have repossession I think it was in 2011 it dont really show no details on any of them other then closed and the open date does show a late payment in 2010 how do I get to removed .....i have wrote gw letters with no reply....ok next topic ....student loans to many late payments on these an accounts sold to other companies whats the best way to fix it? i disputed a bunch of stuff the other day and waiting on word from them.....shew my ex really caused me to screw up my credit is was good before her and she been gone for a long time and im still paying for dating her..lol well thanks for the help
The only way to get a public record removed is to get the judgment vacated, and then wait for the credit bureaus to become aware of the fact. This involves filing a motion with the court asking the judge to reopen the case and consider your argument for why the judgment is improper. If you wish to pursue this, you will first have to figure out who the now-defunt collection agency sold/assigned their files to - someone (another collector) out there owns your judgment now. If you file a motion to vacate, you will have to get that entity served with notice. Once a judge agrees to vacate it, it will disappear the next time the credit bureaus run your file - maybe as little as a month or so, but possibly longer depending on how often the burea in question checks your public records.
If you pay a judgment - either the entire amount, or a settled-on reduced amount approved by the entity that holds the judgment - you generate a release, which when filed wiht the county that holds the original judgment will cause the matter to appear on your report as "satisfied" or "paid," which is better for your scores and credit file than an "open" and unpaid judgment; it still does not cause complete removal in the sense of deleting it entierly. Only time can do that - most states have a period of collection for a judgment of 5, 10, or 20 years, each state sets their own.
As you have discovered, goodwill letters do nothing in this situation. The county clerk that has the judgment does not actively report it - it is located by the credit reporting bureaus themselves, who periodically scan nationwhide public records to locate them and add them to your report. THe only way the county clerk can change the information is if the judge orders them to - that is, the judge signs an order vacating your judgment and orders the clerk to pull it off the public record. Obviously for you, negotiating with the entitiy that owns your judgment is going to require you to first figure out who that is - who bought the assets of the original colelction agency who took the judgment? Or did that agency assign the judgments back to the original creditors? This is going to take some digging on your part. An attorney could help you dig - but you will not recover that cost of lawyers' fees in a case like this, so you have to think about that when you make your plan of action.
For the repo, there is very little you can do about that. You may be able to get the reporting lender to delete if you have anything still owed and offer to pay it - a deficiency balance that they don't yet have a judgment on from a court - but unfortunately that is not likely. A repossession is basically a foreclosure of an auto loan, and is not as easy to get removed as a couple of late credit card payments or something like that could be.
With the student loans, you would need to contact the current holders and see what payment arrangements you can make, and ask them if you come current or otherwise pay on these past due debts, will they consider removing them. At this point, I'd say these are kind of a firebreak thing - you probably ought to try and get them on a payment plan or something to avoid further damage from additional chargeoffs or judgments, but you have bigger overall problems to focus on removing, as far as that goes. Getting them current, or at least making progress toward that point, will keep them from hurting you while you take care of other stuff, then you can circle back to them again later.
Don't be disouraged by the lack of response to your goodwill letters. Your issues are not really the sort of thing a goodwill letter can handle. Rather than let you know that, the companies involved are just ignoring you, as it their usual procedure in this sort of situation. Disputes are likewise not going to yield results, unless the debt you are disputing is not actually yours or is not being reported correctly. There has to be an error in reporting for a dispute to work, otherwise you'll just get letters back from the credit reporting bureaus telling you they've confirmed that the report was correct and nothing else is going to happen.
Focusing on positive credit behavior - keeping account payments current on anything you have going on now, and paying down balances, and working on getting your student loans back on track - and making a plan for your judgment, these are the things you need to focus on. Time will begin to heal some of your credit wounds soon, since most things will fall off your scores in 7ish years (again, judgments have a different timeline, set by your state) and you're in the last part of that on some of this.
@Anonymous wrote:The only way to get a public record removed is to get the judgment vacated, and then wait for the credit bureaus to become aware of the fact. This involves filing a motion with the court asking the judge to reopen the case and consider your argument for why the judgment is improper. If you wish to pursue this, you will first have to figure out who the now-defunt collection agency sold/assigned their files to - someone (another collector) out there owns your judgment now. If you file a motion to vacate, you will have to get that entity served with notice. Once a judge agrees to vacate it, it will disappear the next time the credit bureaus run your file - maybe as little as a month or so, but possibly longer depending on how often the burea in question checks your public records.
If you pay a judgment - either the entire amount, or a settled-on reduced amount approved by the entity that holds the judgment - you generate a release, which when filed wiht the county that holds the original judgment will cause the matter to appear on your report as "satisfied" or "paid," which is better for your scores and credit file than an "open" and unpaid judgment; it still does not cause complete removal in the sense of deleting it entierly. Only time can do that - most states have a period of collection for a judgment of 5, 10, or 20 years, each state sets their own.
As you have discovered, goodwill letters do nothing in this situation. The county clerk that has the judgment does not actively report it - it is located by the credit reporting bureaus themselves, who periodically scan nationwhide public records to locate them and add them to your report. THe only way the county clerk can change the information is if the judge orders them to - that is, the judge signs an order vacating your judgment and orders the clerk to pull it off the public record. Obviously for you, negotiating with the entitiy that owns your judgment is going to require you to first figure out who that is - who bought the assets of the original colelction agency who took the judgment? Or did that agency assign the judgments back to the original creditors? This is going to take some digging on your part. An attorney could help you dig - but you will not recover that cost of lawyers' fees in a case like this, so you have to think about that when you make your plan of action.
For the repo, there is very little you can do about that. You may be able to get the reporting lender to delete if you have anything still owed and offer to pay it - a deficiency balance that they don't yet have a judgment on from a court - but unfortunately that is not likely. A repossession is basically a foreclosure of an auto loan, and is not as easy to get removed as a couple of late credit card payments or something like that could be.
With the student loans, you would need to contact the current holders and see what payment arrangements you can make, and ask them if you come current or otherwise pay on these past due debts, will they consider removing them. At this point, I'd say these are kind of a firebreak thing - you probably ought to try and get them on a payment plan or something to avoid further damage from additional chargeoffs or judgments, but you have bigger overall problems to focus on removing, as far as that goes. Getting them current, or at least making progress toward that point, will keep them from hurting you while you take care of other stuff, then you can circle back to them again later.
Don't be disouraged by the lack of response to your goodwill letters. Your issues are not really the sort of thing a goodwill letter can handle. Rather than let you know that, the companies involved are just ignoring you, as it their usual procedure in this sort of situation. Disputes are likewise not going to yield results, unless the debt you are disputing is not actually yours or is not being reported correctly. There has to be an error in reporting for a dispute to work, otherwise you'll just get letters back from the credit reporting bureaus telling you they've confirmed that the report was correct and nothing else is going to happen.
Focusing on positive credit behavior - keeping account payments current on anything you have going on now, and paying down balances, and working on getting your student loans back on track - and making a plan for your judgment, these are the things you need to focus on. Time will begin to heal some of your credit wounds soon, since most things will fall off your scores in 7ish years (again, judgments have a different timeline, set by your state) and you're in the last part of that on some of this.
+1. Well said.
In addition to vacature based on showing of some error in the judgment, some states have specific provisions in their code that permit judges to vacate a paid judgment as a form of relief to a a consumer. No error is required.
Check your state code regarding reasons for vacature to see if your state permits vacature based on satisfaction of the judgment.
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