Question on Judgements

Discussion in 'Credit Talk' started by Toothman, Apr 29, 2001.

  1. Toothman

    Toothman Well-Known Member

    As I continue my never-ending journey to clear my Equifax to some degree, I have this glaring judgement on the public information section.

    Yes, it is mine, however, it says:

    "Judgement filed 07/98: XXXXXX Municipal Court; Case #XXXXXX; Defendant: Me ; Amount - $3500; Plaintiff - Name mispelled

    Is this the proper format for this entry? If not, do I have a reasonable dispute case to get the entry off? I am paying on it, but cringe over the 7 years I have to keep this on my report. Do I have any options?
     
  2. Nave

    Nave Well-Known Member

    I use Junum...From what I have heard from their dispute department, Judgements can be easier to remove than some other items. I can only imagine that it is due to the lack of response time that busy courts yield. Try and dispute the Judgement and see what happens. You obviously have a case for "wrong information" in the entry... dispute as "not mine". -Dave
     
  3. Toothman

    Toothman Well-Known Member

    Actually, the judgement "is" mine, but are you saying dispute it as "not mine" based on the incorrect spelling and such?

    Also, once they are gone from the report...do they ever show back up?
     
  4. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    No Grounds

    Toothman:
    Sorry to be the bearer of bad news, however, the slight variation you mentioned isnâ??t enough to successfully challenge the hit.

    Also, the seven (7) year reporting rule doesnâ??t apply to judgments (please donâ??t hate the messenger). Judgments remain reportable for up to the statutory limit of the order. For example, were a judgment taken in the State of Alabama it could legitimately be reported for 20 years..!

    Youâ??re welcome to check out the reporting term relative to your situation, by logging onto: http://www.CreditDefenses.com/statutes and locate your state.
     
  5. Nave

    Nave Well-Known Member

    Do NOT give reasons (Ie incorrect spelling, wrong name etc.) that will only act as a form of verification and you NEVER want to voluntarily give information to verify the CRA's record PERIOD. Just send the dispute as "Not Mine" and thatâ??s it. Or as DaveLV would say - "Remove immediately or suffer the consequences!" :)

    -Dave
     
  6. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    Probable Failure

    Toothman:
    Not to unnecessarily disagree with Dave (Nave), albeitâ?¦ Disputing as â?Not Mineâ? is bound to fail, in all probability, because youâ??re paying on the debt. The CRAs need only verify with the judgment creditor, as is easily done through the court clerk.

    Even if the item was removed, due perhaps to some oversight, the judgment creditor could have the item reinstated (reported again) under legitimate grounds. All that would be required is to submit copies of your canceled payment(s), and viola, the judgment hit reappears!

    From what I can gather based on your comments, your best bet is to renegotiate a credit redress with the judgment creditor. Seek a full removal AFTER all payments are made as agreed. You may find most judgment creditors are fairly accommodating in this regard, because they have nothing to lose.

    Again, because youâ??re paying on the account Junum canâ??t do anymore than you could for yourself. Donâ??t get me wrong, Junum is a good system but it canâ??t help in context with your case. Save your money or better yet, keep paying the judgment creditor under revised terms that address your credit reporting goals.
     
  7. Toothman

    Toothman Well-Known Member

    Re: Probable Failure

    Thank you, everyone for such good advice.

    Anthony,

    I intend to pay this judgement, however, have not paid on it yet. Does this change your viewpoint?

    Also, can I negotiate a vacate order with the original creditor?

    This judgement is nearly three years old and I haven't had any contact with the creditor. I want to pay this as it is the ethical thing to do. My interest is merely to negate its awful affect on my report.

    Alas, things don't sound good.
     
  8. Nave

    Nave Well-Known Member

    Re: Probable Failure

    I didn't see that he was paying the debt. Either way dosn't sound like an unnecessary argument to me. I always like to think of this as a discussion board...others do seem to present it as an argument board. Guess its all in your perspective. Your opinion does count with me CD...

    In either case, I am talking from second hand experience as I said, I use Junum...I DO know for a fact that Junum (and Lex) has gotten judgements removed from others here, how they got them removed WITHOUT simply sending a dispute letter such as a "Not Mine" letter is beyond me, if the CRA's need to verify the information in a timely manner (30-45 days)...I would think you have a good shot with a busy court.

    - Dave

    Get them "to remove it, or suffer the consequences!"
     
  9. Toothman

    Toothman Well-Known Member

    Re: Probable Failure

    Nave:

    Thanks, buddy!! I realize that based on Anthony's comments (which I always value) that my issue is problematic.

    However, since the creditor has forgotten about me, I believe I will at least dispute it once.
     
  10. Linda

    Linda Well-Known Member

    Re: Probable Failure

    I'm not having much luck with getting stuff deleted from Equifax (CSC in my case) but I did get a judgment deleted from my Experian report (wasn't listed on the other two).

    I sent Experian a hand written letter, regular postal service, that said:

    Date:xx-xx-xx

    Hello Experian,

    There are two items on my credit report that I'd like to have looked into and the information verified, corrected, and updated.

    1. Ontxxxx County Clerk* ID #xxxxxx

    This civil judgement** doesn't belong to me. I was never told by anyone that I was being sued. I don't know what this is for. Please check this out.

    2. (Then I had my other disputed account listed asking them to change it to paid as agreed.)

    The bottom part was just the usual signature, name, address, SSN, DOB, and CRA report nbr.

    *don't know why I wrote "clerk." I meant to say Onxxxx County "Court."

    **mispelled this, should be "judgment."

    Naturally I don't notice these things until after it's sent off in the mail. Oh well, it did get deleted though!! (Maybe I should get a job at a credit repair company??)
     
  11. Toothman

    Toothman Well-Known Member

    Re: Probable Failure

    Thank you, Linda. I will at least give it one round of disputes. :)
     

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