Paid judgements question

Once the judgment is paid, the creditor is supposed to file a satisfaction of judgment with the court. Unless you know this was done, you need to go to the court to look at the file. If there is one, I would file a request to vacate judgment. Then there will most likely be a hearing and the creditor will show up if he has any objections. If not, you should be able to get it vacated. Then you send proof to the cra's.
If the creditor never filed a satisfaction, you're going to have to call them and ask them to do so immediately.

 

Definitely do not try validation. You pretty much validated it when you paid it. Dispute ONLY with the CRA.

 

In some states the creditor is required to mark the judement satisfied withen a set amount of time. If they have not, you may have a case against them and some leverage.

Good Luck

 

LKH after doing this would the cra remove the paid judgement from your report?

 

Also, would this require a lawyer or can you do it yourself?

 

At that point the cra's should delete it as there would no longer be a judgment in the eyes of the law. And yes, you should be able to do this yourself. If it's in small claims it should just be fill in the blank forms. If it is in superior court, then it might be a little difficult and you would probably need some legal advice.

 

Thanks LKH

 

I thought that a paid judement was on your report for 7-10 years unless you are lucky enought to get the cra to delete it, and that I understood was difficult.

I assume that this must be done before the judgment can be vacated? What if the creditor just does not do it??

 

A pd. judgment is on your reports for 7 years, unless it is vacated. Then, it will be removed as there is no judgment.
As far as a creditor not filing a satisfaction, they are supposed to by law. If not, then you need to suggest to them that they might get in some hot water if they don't. THen if they still fail to do file it, you need to do a request to vacate judgment anyway. When you get to court, just tell the judge they refused to do as required, and you should have no problem with getting it vacated.

 

how bad does a paid judgement from 96 effect your score?

 

According to Equifax CRA's send a person to the courthouse to verify a judgment in dispute. To verify the judgment ( according to EQ ) as yours they must match two of three pieces of information. Name, SS# and address.

Many judgment files will not have any docs. filed with a SS#. You can easily find out by pulling the file at the courthouse.

Recently, I pulled the file on a 5 yr. old judgment I refuse to pay ( long story ) and found my SS# is not in the file. I disputed this judgment after a nice lady at EQ kindly removed an inaccurate old address for me right over the phone.

 

Also since the judgement has been satisified and you have some proof that it was paid, a motion to vacate would almost certainly work since why would a creditor show up in court with an attorney to fight against something that has already been paid.


Thanks

 

But even if you had some sort of tacit agreement with the creditor that they would be a no-show at the trial, wouldn't your motion still have to pass muster with the judge in the first place, or else be dismissed outright? In other words, your motion needs at least some technical merit; you couldn't file a motion to vacate "just because." Or could you?

Sorry, not really trying to play the devil's advocate...just going through something similar, and I'm not quite sure what the best approach would be.

wajaba

 

At my local courthouse, they have books out for the public to access, listing all judgment entered, separated by year. The only info given in the book is the name of the plaintiff, the defendant's name, the case number and the type of case. NO ADDRESS, NO SSN. Not even an amount.

 

I am also in the same boat.. I have 2 paid judgements on my CR. They are both from the same CA, which is weird to me as well.. I thought there was only one. For one of them, it states MUNI and the other says SUP.. does that mean 2 different courts?

Also, how do i go about vacating these? Is therea sample form I can get somewhere? How about the reasons why I am vacating?

I've also heard that if I try and vacate, there is a way to also get the money back i paid.. if i state reasons such as improper service or some type of dispute at this point in time? Any help? LKH? =)

Thanks all..

 

Yes, MUNI is municipal, which is city court, SUP is probably Superior Court.

 

I just went through this. Normally Motions to Vacate are done without a hearing. What you are hoping for is a Joint Motion to Vacate. When deciding to pay or not pay a judgment one condition has to be an agreement with the Plaintiff for them to sign a joint motion to vacate upon payment. With both parties agreeing, a judge will grant the motion. But....As I learned in Florida even this is moot after one year, SOL for vacating judgments. So this is good in two ways. You now have all the control(You probably are judgment proof, no wage garnishment, asset forfeiture) and they have played all their cards. The attorney has since moved on to other defendants and you can deal directly with the original creditor/CA. Bottom line is unless you are in danger of garnishment and(or) asset forfeiture don't pay a judgment unless you get some kind of agreement up front. You may have to try a few different people at the original company but someone will want the money and(or) your business back. But I am NOT a lawyer(Thank G*d) so this is not Gospel.

 

This question is for lwg8tr or anyone who can answer this

I have a judgment that was entered against me in 1997. Its been long paid. I have contacted the plaintiff and asked for a vacate of judgment and $500 in damages (per the Official Code of Georgia). I think I read in the Federal Rules of Civil Procedure that we have only 2 years to ask for a vacate of judgment.

So does that mean I am SOL (as far as the vacate?) I can still get damages, though...