Has anyone settled on a Judgement

Discussion in 'Credit Talk' started by bgolden, Mar 29, 2002.

  1. bgolden

    bgolden Well-Known Member

    Have a judgement with a credit union. Anyone ever pay a judgement for deletion. Or could I just keep disputing it every month with the Experian (only one reporting it). Will they maybe delete it or just keep sending me letters saying they already verified it.

    All of you suggestions would be greatly helpful.

    thanks
     
  2. Jeff

    Jeff Guest

    A creditor cannot request that a judgment be deleted from your report. It is a public record.

    If you cannot get it deleted by disputing, you will need to have the court grant a motion to vacate the judgment.

    If you are willing to pay, ask the creditor to join you in a motion to vacate as part of your settlement agreement. A joint motion to vacate is likely to be granted by the court. It is then simple to get your deletion.
     
  3. bgolden

    bgolden Well-Known Member

    Who do I contact to vacate a judgement. I have no idea how to do it? If you could tell me or tell me where to find out it would help me greatly.

    thanks
     
  4. Jeff

    Jeff Guest

    To have a judgment vacated you or your attorney need to go to court and present a motion to vacate judgment to the judge. It will take an order of the court to get your judgment vacated.

    If you do not have an attorney the clerk's office at the courthouse can give you the paperwork you will need but by law cannot give you any legal advice.

    A joint motion to vacate ( a motion made by both parties ) will likely be granted. If you do not make a joint motion you will need to be prepared to argue as to why the judgment is invalid and should be vacated. Improper service, etc. The other party will need to be notified of the hearing and will have the opportunity to argue against your motion. You will need to convince the judge that the judgment itself is legally invalid. Do not argue the original case, as that has already been heard.

    You may want an attorney to look at the file to identify any possible grounds to have it vacated if you don't have the other party on board.

    There has also been much discussion here about vacating judgments for you to search.

    I know you said your SS# is in the court file. Do check to be certain of that. Many of these files do not contain a SS# even when the creditor has it. If it is not in the court file it should be easy to dispute the judgment off as long as you remove the old address from your credit report. The CRA will then not have enough information to match for verification. This is the easiest road IMO.

    Good luck to you.
     

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