Question #2 - Judgement

Discussion in 'Credit Talk' started by tprib, May 22, 2010.

  1. tprib

    tprib Active Member

    My husband has a judgement on only his Transunion report. We hve no idea what it is. It has been there for about 5 years. In that time we have had three different mortgage agencies, escrow companies and of course, ourselves contact the company to try and find out what this is. Hell, we were even willing to pay it to get rid of it! The company has no information on it and has no idea why it is listed.

    Ok, so now how do we get Transunion to pull it off his record? Do we go through the courts? If so can anyone direct me in the right direction?

    Thanks guys, for everything!

    Tricia
     
  2. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    If it's incorrect, have you tried simply disputing it through the CRA? I would also talk to a good lawyer regarding your options to get this vacated. If he was never served properly and you have no idea what this is, there's a good chance that you have grounds to challenge the judgment and get it removed.
     
  3. billbauer

    billbauer Well-Known Member

    Well, how about let's go after this problem my way? Here is what to do step by step.
    (1.) Go to the office of the clerk of the court in your county and ask to see your husband's public record. They will show it to you on a computer screen. Scan the screen and look for any judgments. If you find the judgment then tell the clerk you want to see the paperwork in the file.
    (2.) Ask for copies of all paperwork in the file. You will have to pay a price for each copy in most courts. They usually charge $1.00 or less for the first copy then so much a page after that. All told the cost of copying should run less than $5.
    (3.) Take your copies home and look for a document called SERVICE OF PROCESS or SERVICE OF SUMMONS or something like that. That will tell you who served the summons, when and how it was served. The rest of the paperwork will tell you who filed the case and why.

    If you find any judgments against your husband at the clerk of the court your job would have become much more difficult except that each and every document filed in any court of law must have the full name, address and phone number of the person or law firm who filed it. Call that person, hopefully a law firm and tell then you want to find out about a lawsuit with such and such a number filed in your county. You will have to give them your husband's name, the name of the plaintiff and the case number. They should be able to find it with that information.

    If there is no record of any judgments against your husband then your job will be much more difficult. So in order to keep the process simple I'm going to stop here and wait until you tell us what happened when you followed the above instructions. After all, you may not need to go any further than that.
     
  4. tprib

    tprib Active Member

    Thanks for the answers.

    Ok, Bill, we have done all of that, found a judgement got all the paperwork, said he was served at home, only I think we'd remember that!

    We have called the law office, the creditor/collection agency and nobody can give us any information. It's as if it has dissappeared. They have no record of the judgement yet it was filed and is on husbands TU report. So is there a way to go thru the court system to try to have this removed?

    Problem...we lived in So cal at the time the judgement was filed and now live in Indy.
     
  5. newbie79

    newbie79 Active Member

    Tprib,

    I would contact Lexis Nexis and request a copy of my report for public record. I think they still do that. If it's not on Lexis Nexis file then you have a better change at the good ol dispute with the CRA's. I wouldn't get too worked up over it.
     
  6. billbauer

    billbauer Well-Known Member

    There are basically only two or three ways to get rid of a judgment. One might be through bankruptcy (I don't know much about that) Another is filing motion to vacate and since you say the judgment is in California and you are in Indy that becomes an almost unthinkable expense to go back there and try to fight it off. Not worth the bother. The only other way is forcing the lawyer that filed the case to vacate it willingly. You might be able to get that done in this case without having to do any forcing. Why not talk to the lawyer out there again and ask him to vacate it since he says he knows nothing about it yet his name is on it as the plaintiff's attorney. There is only one other way I know of and that is through the statute of limitations. Of course that don't get rid of it, just makes it uncollectable. Disputing with the CRAs isn't going to be easy but it sure sounds like the only viable way you have to get the job done.
     
  7. tprib

    tprib Active Member

    I'll do that Bill, can't hurt. I'll start with the attorneys and see where I get from there. Thanks for the info. I'll keep updating in case anyone is interested!

    Again, Thank you!
     

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