sat. judgement not gone!! LKH?

Discussion in 'Credit Talk' started by Ender, Jun 14, 2002.

  1. Ender

    Ender Well-Known Member

    I disputed it both ways with Equifax.. don't remember if you recall when they sent me a response saying it was valid.

    I sent two letters, one disputing the inaccuracy and the other requesting the investigation process. I got two letters:

    Letter#1
    1. EQ has verified that this pubvlic record item has not been recorded as vacated/set aside at the courthouse.

    Letter#2
    2. EQ verified that this item belongs to you and is reporting correctly. We will no longer verify this item as not belonging to you. If you have documents that release this obligation please forward a copy to us.

    HELP? Ideas? They never sent a verification process even though I requested it. Is this enough to sue? Any other methods in getting this off my EQ CR?
     
  2. Kiyi

    Kiyi Well-Known Member

    How did they verify it belongs to you, What procedures did they use, who did they contact - name, address and phone # to recieve this information etc.

    How they sent you procedures is BS. Tell them to try again.
     
  3. Ender

    Ender Well-Known Member

    exactly my point.. i sent a procedural request and they just said verified again. What to do? this judgement is valid and paid BTW..
     
  4. Kiyi

    Kiyi Well-Known Member

    You have to be specific with them, remember we are dealing with morons here, they get worse pay then McDonalds.
     
  5. breeze

    breeze Well-Known Member

    The question is not has it been paid, but has the status been changed in the court records? Quite often the lawyers don't bother to do this.
     
  6. Ender

    Ender Well-Known Member

    Well, I DID pay it.... so it IS satisfied. On the CR, it says satisfied.. so I'm assuming it is being updated.

    However, I specifically requested a procedure request after they verified it a few months ago.. but I haven't gotten that. I specifically asked for the name, address, and phone number of the person they spoke to. What was the method they obtained verification and all I got was the generic letter as well as another letter stating they will not investigate any longer..
     
  7. breeze

    breeze Well-Known Member

    You need to check with the court.
     
  8. javan

    javan Well-Known Member

    Judgements are matters of public record. They are different than CC accounts. There is nothing to verify other than that the public record exists. There is no person, address etc. to contact.

    You need to go to the court house and obtain a copy of this record and verify it's accuracy. If it is paid, verify that it is recorded this way. If it is not, take steps to get it changed or vacated.
     
  9. Ender

    Ender Well-Known Member

    javan - I did pay so I know it IS satisfied.

    So if I can't get EQ to remove, then is my only option trying to vacate it at this point?
     
  10. Ender

    Ender Well-Known Member

    also another question.. what happens if I get it removed from my CR so it never shows up on ANY of my CR's.. when I try and get a mortgage, will it ever appear again? And if it does, will it hurt me at all even though it is paid?
     
  11. breeze

    breeze Well-Known Member

    Ender, you don't get it. You can pay it and the person/lawyer who took you to court may not have updated the record. That may be the problem. In my case, the lawyer had sent the info to the court, but the court misplaced it and the record had not been updated. We are giving you good advice, but do as you please.

     
  12. Ender

    Ender Well-Known Member

    Breeze - i am trying to understand the advice that is being given.. I understand what you are saying that I can pay it and the lawyer may not have updated the record. Well, I am assuming it IS updated because EQ is verifying it as PAID/SATISFIED. How else could it be notated that when all I said in the dispute was NOT ACCURATE to EQ?

    Let's say I do go and get the records.. let's say it IS accurrate. What next?
     
  13. gib

    gib Well-Known Member

    Equifax looks at 3 things to verify a judgement. Your name, address, and your SS#. 2 of the 3 must match in order for them to verify it. The only way for it to get removed is to make sure your SS# isn't on the judgement, and that the name or address on the judgement doesn't match. Most judgements don't include your SS#, but if the name and address on the judgement matches, the only way to get it off is to have the judgement vacated.

    Gib
     
  14. breeze

    breeze Well-Known Member

    I never have been able to get a public record removed, but I had sent docs that proved it was mine (I sent the proof that it was satisfied to the CRA's) that was long before this board ever came into existence.

    Others have gotten them off in one dispute. I eventually got mine vacated, because it should never have been there in the first place.

    Do you have grounds for getting it vacated?


     
  15. uniondiva

    uniondiva Well-Known Member

    ender,

    the cra still has to provide accurate info on your credit report. if you paid it and you know it and you have proof from the court clerk, then you should be okay.

    they have to give you the procedure used to verfiy.this was a part of my lawsuit because the cra wouldn't report the judgment as paid (saying they verified it twice) and did not respond to procedure requests. so yes a lawsuit is an option. states have different procedures on getting lawsuits vacated. in my state., you have to do it within 18 months of the jdugement.
     
  16. Ender

    Ender Well-Known Member

    Breeze - one other question.. if I know the CA is NOT going to dispute it if I try and vacate it.. can't I state any grounds? Inadequate serve or settled before it went to court or something like that? What reasons can I use that would sound legitamate and also explain why I am vacating this 2 years later? What would hold up in court? Thanks again everyone.. =)
     
  17. gib

    gib Well-Known Member

    If the CA isn't going to dispute it, you can file a motion on most any grounds. If the CA doesn't have a representative show up, you will win the motion to vacate by default.

    Gib
     
  18. LKH

    LKH Well-Known Member

    When a judgment is satisfied, the creditor has an obligation to notify the court that it is satisfied. I wonder if the fact that they didn't report it satisfied would be good enough reason to have it vacated?
     
  19. breeze

    breeze Well-Known Member

    LKH, she says it is being reported as satisfied. I thought this was her issue also, but apparently, it is being reported with correct status, she was disputing the deatils in an effort to get the judgment off her report - I think, hahahahaha!!

     
  20. breeze

    breeze Well-Known Member

    Ender, technically, there is a time limit to vacating a judgment except for certain reasons. One is improper service, and the other is that the disputed debt (or whatever it is) was paid prior to the judgment being filed.

    My case was the latter of these, and the lawyer who filed the judgment against me signed a joint motion to vacate. I got an attorney to do it for me, total cost (varies by location) was a little over $400. Mine was a dsipute with an eye doctor who had sold me glasses and contacts I could not use, and was refusing to fix them. He had already been paid over $400 and I still owed $200+ - we settled the dispute, but his attorney did not dismiss the case. His error, so he signed the motion.
     

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