Here's a question for someone who has a default judgment entered 4 years ago.... Person had been staying temporarily with parents back in Sept 1997 until January 1998 during a bad divorce. Had never moved backed to NY, but in Sept 2000, parents received a summons for a 1000 dollar AMEX bill. They sent copy of summons in mail, but she never took action on it, since she didn't live there. Now, she pulls her credit report for the first time in years, and sees the judgment. What can they possibly do with this default judgment since she is out of state, and never intends to live there again? She has been told that a default judgment can't be registered in her current state. What would be the best way to get rid of the judgment? She lives very far away and can't get to courthouse where all this took place.
If you mean get rid of it on the credit reports then go through the dispute process. If you mean get rid of it from being an actual judgement you would need to vacate it. If the person isn't moving there you can just wait out the SOL.
OK, so the SOL is 20 years on that judgment, and it has a 10 year renewable lien. That judgment can stay on a credit report indefinitely, then? Don't judgments stay on for as long as the governing SOL on a credit report? If they renew it, it just stays there forever? I'm not understanding why someone bothered to get a judgment where the person did not reside.... I know they figured it was an easy default judgment, but if it can't be enforced, what's the point?
Go back. Spend the money. File a motion to have the judgment vacated for lack of service. After the judgmnet is vacated offer Amex a settlement amount. tix
2 reasons: 1)If it is still within the SOL they can have you properly served and sued. 2)Amex is still the OC and can continue to report the charge off. tix
Re: Re: default judgment Judgments will be removed from the credit reports 7 years from the filing date. If it is over 4 years, she should dispute the entry as "Not Mine". This of course, after opting out and getting her old addresses deleted.That way she will avoid having a garbage scam CA picking up the old unenforceable judgment and reinserting it as a collection account. I KNOW what the FCRA says about a judgment staying on for the "term" of the judgment, however, in practice, they are deleted after 7 years as they can not be researching each State's changing laws on judgment SOL and especially in NY where a paid judgment gets deleted after 5 years. Except in the RARE case where a judgment has been renewed and given a NEW file #, there is no way the CRA will run the risk of retaining a judgment on it's records for over 7 years. ( And the idea of filing to vacate after over 4 years is ludicrous)
Re: Re: Re: default judgment Even though you bring up some good points. I have a hard time with your statement that having a default judgment vacated after 4 years as being ludicrous. Here is my story: 1)10/18/99 Default judgment entered against me for $1410.06. 2)6/17/02 Judgment satisfied for $1000.00. 3)6/02 through 1/03 disputed as not mine, wrong address etc. (with no luck) 4)7/21/04 Filed motion to vacate due to improper service. 5)8/20/04 Judgment vacated. Case dismissed with prejudice. Judgment gone! Why Chat after how many years would it be ludicrous to teach a newborn to walk? tix
Re: Re: Re: Re: default judgment I am NOT a lawyer , based on my own knowledge and previous personal experience in my state if a judgment was vacated WITH prejudice it can not be refiled under that same issue. the question here is did AMEX obtain the judgment or the CA? if it was the CA the acct may be sent back to AMex so they can refile for a judgment UNLESS its past SOL. if AMex obtained the judgment thats it they can not pursue you again on this matter. end of subject. if its still shown on the CR dispute it if it remains verify it or C&D it.
