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Re-opened In Error. Now when does it fall off?

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Anonymous
Not applicable

Re-opened In Error. Now when does it fall off?

I broke a lease about 6 years ago for reasons that were justifiable for me and my household. I relocated and of course a judgement was issued. It was reported in 2011 and now it looks like it's been re-reported as of 5/1 this year!!  I haven't called about it or written any letters to them about it since 2011.  I know it's mine I just decided to let it fall off. What year am I looking at it falling off? 7 years from the last time I asked for it to be verified or from the date it was re-reported? Or some other date?

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2 REPLIES 2
darwin_wins
Established Contributor

Re: Re-opened In Error. Now when does it fall off?

Judgements can stay up to 10 years and if I am not wrong it can be renewed once again after that. If you have a judgement you should see if you can pay it off. 

Message 2 of 3
RobertEG
Legendary Contributor

Re: Re-opened In Error. Now when does it fall off?

The "official" exclusion period for a judgment is set forth in FCRA 605(a)(2) as follows:

 

"Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the

governing statute of limitations has expired, whichever is the longer period."

 

The public record defines the date of entry of the judgment, not any date of any last update to your credit report.

Judgments are not "reported," they are entered by reveiw of the public record.

 

A strict reading of the statute permits  a CRA to continue to include an unpaid judgment as long as it remains enforceable, i.e., the statute of limitations on its enforceablitliy has not expired.  However the CRA routinley ignore any check on whether a judgment remains enforceable, and exclude based only on expiration of 7 years from the date of entry of the judgment.  When any "update" has been entered is immaterial to its exclusion date.

 

 

 

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