How do I dispute a judgement?

Discussion in 'Credit Talk' started by robin, Mar 8, 2002.

  1. robin

    robin Well-Known Member

    Can anyone give me a quick step by step on how I go about disputing a judgement?

    Do I need to validate? If so with whom?

    Do I just skip the validation process and begin disputing with the CRA's? If so what reasons have any of you used that has been successful?

    Don't know what to do. Please help.
     
  2. CASPER72

    CASPER72 Well-Known Member

    Well first off how old are they?
    The first thing I would do is write down the case numbers that the credit report shows and go down to your courthouse and see if they have them on hand. I lucked out that one of my credit reports had the wrong case numbers on a couple of them and then a couple more had been filed away and it cost to retrieve them.

    Casper72
     
  3. LKH

    LKH Well-Known Member

    How long are judgments valid in your state. Here is a little trick I discovered. In Az. judgments are valid for 5 years unless renewed. If not renewed, they are listed as expired. You can then dispute with the cra's as "judgment expired - please delete. It worked for me with both Equifax and TU.
     
  4. robin

    robin Well-Known Member

    The judgements are two years old. I can't go down to my local courthouse to get a copy because I no longer live in the state where the judgement occured. Is there anyway the court will send me a copy for a fee? Also how do I find out the judgement expirarion dates for each state? This will probably be a longshot though since my judgement is only 2 years old. Please Advise.
     
  5. uniondiva

    uniondiva Well-Known Member

    validation will not remove a publc record,... dispute directly with cra's, however before you do call the clerk of the court where the judgment is and ask a few questions... tell them your are trying to pay it off and just wanna make sure it is recorded right.


    do they have the case number/can they look them up?

    how do the cra's verify them, do they complete consumer Dispute forms and mail them back? if not do cr'as verify electronically or not at all?

    who is the person to talk to if there is a problem with how the judgment is being recorded...


    asking these questions will help you know how to attack.. i found out my court doesn't verify with cra's so i have been able to dispute and ask for procedure requests and nail them for a lawsuit too BTW.
     
  6. robin

    robin Well-Known Member

    Thanks uniondiva. I will get started on your recommendations on Monday morning.
     
  7. Why Chat

    Why Chat Well-Known Member

    I get the impression from your post that you were never properly served,otherwise you would have the case #. If that is the case,you can have the judgement set aside.Do you have anyone who can go to the courthouse and take a look at how they claimed to have served you?
     
  8. robin

    robin Well-Known Member

    Whychat:

    What constitutes "properly served"? Also, I don't have anyone that can go to the courthouse and get the info for me. The most I can hope for is that they will send me a copy for a fee. I don't know if they will and I really did not want to have to make a trip out to Maryland if I don't have to.
     
  9. uniondiva

    uniondiva Well-Known Member

    the court will send you a copy of all records for a fee.. make sure you ask if there is a different price for certified copies or regular... make sure you get a copy of the entire case file.
     
  10. robin

    robin Well-Known Member

    That is great news. Should I request a certified copy or regular copy? Does it really matter?
     
  11. uniondiva

    uniondiva Well-Known Member

    i would request a regular copy... if you find something "funny" you can always go back and request the certified copy.
     
  12. robin

    robin Well-Known Member

    Great thanks that's what I'll do.
     
  13. whyspers

    whyspers Well-Known Member

    Robin, before you do that...a lot of clerk's offices are online now and have searchable databases for public records. I can go to our clerk's office online and get a copy of a deed, mortgage, judgment...all kinds of things and print them out myself.


    Laura
     
  14. Why Chat

    Why Chat Well-Known Member

    I figured you had already checked on-line !!Here is the link.When a judgement is filed, you have to get (be served) with a notice to appear and time to respond,if you didn't sign for such notice (service) the judgement can be vacated (removed)

    http://www.co.pg.md.us/Judicial/Clerk/civil_division.html
     
  15. whyspers

    whyspers Well-Known Member

    Not always..."mailed and nailed" is a valid means of service sometimes. Our Marshall even uses it from time to time. Sometimes even service by mail with an Affidavit of Mailing is permissible. All of this factors into it. Don't assume you can get the judgment vacated based on improper service, but rather research the requirements for what consitutes service in the jurisdiction where the judgment was obtained.


    L
     
  16. LKH

    LKH Well-Known Member

    Also, if a defendant cannot be located, service by publication is many times permissable. They publish the complaint in the local legal newspaper a certain number of times and that constitutes legal process.
     
  17. robin

    robin Well-Known Member

    I checked the online clerks database for PG county Maryland. I did not see anywhere for me to search the database for ny judgement. Just general information. Also my judgement was most likely filed in Baltimore County, Maryland. Can someone please point me in the right direction so I can perform the online search myself? Thanks everyone for all your help.
     

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