Equisux verified a nonexistant judg

Discussion in 'Credit Talk' started by tboy74, Sep 30, 2003.

  1. tboy74

    tboy74 Well-Known Member

    Hi ... Thanks for everyone for helping out so much ... I have another question ... i have a judgement on my CR and on Equifax, they have the judgment listed twice with the same docket number. they each contain a different plaintiff. one of the plaintiffs is accurate. the other is not. i called the SC court and verified with them today that the other hospital/plaintiff is indeed not anywhere on there. I disputed this several months ago and Equifax verified this debt!!! Obviously, they couldn't have. Can I sue equifax for this, and if i can should i pursue it? i will send them their 15 day letter tomorrow, asking them how they verified this information. what else should i do?

    also on this matter, i learned today the reason i never received my summons for this is because they sent it to the incorrect address and someone there signed for it! also, they never did garnish my wages as the lawfirm/CA did recognize that they sent things to the wrong address in the 11th hour. i set up a payment plan and the debt has been paid off and marked as settled. i woudl like this judgment off my reports though, especially since they never had to use it but especially since i never received the summons! can someon help me with getting a vacated judgment? i called the SC court and they said there was no SOL, that i could come down and file a request for vacate any time. what does that entail? i do have a lease to prove that i didn't live at the address they sent this to .... thanks!
  2. Butch

    Butch Well-Known Member


    Do 2 things.

    Send your 15 day letter to Eq. on how they verified.

    Run downtown and file a motion to vacate the judgement. They probably have a form to fill out, and the clerk should help you.

    They will need a reason. "Improper Service".

    There's an excellent chance the CA will NOT fight it because it's already paid, and it does sound like you tried to co-operate.

    Good luck, let us know what happens.

  3. tboy74

    tboy74 Well-Known Member


    Thanks! I have another question .. :) do you know if i do file to vacate, and if i lose, will i have to pay their attorney's fees?

  4. Butch

    Butch Well-Known Member

    You mean if they decided to fight your motion?

    I wouldn't think so no.

    That's why they [almost certainly] won't fight it. It costs em money. There's no longer a motivation for them to expend more money on a closed case.


    Do you have any violations on em?

  5. jlynn

    jlynn Well-Known Member

    The lawfirm/CA knew they sent it to the wrong address to start with. They probably won't fight it, and if they did, you are bringing the motion in good faith. I wouldn't think you would have to pay their attorney's fees, since they screwed up in the first place.
  6. Butch

    Butch Well-Known Member

    Yeah, what she said.

  7. tboy74

    tboy74 Well-Known Member

    So I went to the courthouse today and got a copy of the judgment and filled a motion to vacate due to inappropriate summons .... i have a trial date on Oct 30 ...

    What do you guys recommend I take with me to court? I am going to take my lease to prove that i was living elsewhere ....


    ps od u think it will significantly help my score if i get this removed from my reports?

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