What is this? I talked to the lawyer from Fords today and he said we can do one of 2 things. One list the judgment as satisfied or put in a stipulation order with prejudice. Is that better?
A stipulation order is an order in which you agree to the terms of the order without them being heard before the court. With prejudice is agreeing that the case can not be reopened or brought before the court again.
I'd say you had better look the terms of that stipulation order over real good before you go jumping out of your shoes with joy.
Bill is right - even a Stipulation Order will be filed and becomes public record. It will most likely be titled a "Stipulated Judgement" and the CRA's will pick it up simply as a "Judgement"
Saar: I believe you are absolutely right on that. He sure don't want to go signing any stupid stipulation orders or anything else for that matter. Let them get the judgment and then about 30 days after the judgment is entered go to the court house and get copies of the entire case. If he wants to, he can then send me copies of the judgment and in all probability the judgment can be overturned with ease. Most judgments are vacatable as they are usually void upon their face.
Well guess what? I looked at my reports and the judgments are GONE. I don't know how that happened but they were on both equ and trans and both show nothing. Oh and for all wondering I am a she
Alright She, they are gone from your reports, but are they also gone in fact or are they still sitting back there to haunt you at some later date?
Welcome to the wonderful world of REINSERTION. I agree with Bill, you still need to pursue it. Moreover, if it didn't come off as a result of your CRA dispute, they're not even required to tell you about the reinsertion, if / when they choose to go for it. Saar
Thank you Saar: And reinsertion is not your only concern. Although the collection rate on judgments is only about 20% to 30% nationwide, the courts consider them to be "lethal weapons" and have called them exactly that in many court decisions. In order to point out to you the seriousness of the judgment, if you had a lethal weapon pointed directly at you, what would you do? Would you ignore it and hope it goes away or is not discharged? I seriously doubt you would ignore it's obvious dangers. I tend to think you would do all that you could to move yourself out of harms way. So to think that because it simply went away for whatever reason it is no longer a threat would not be a wise idea at all. As Saar has pointed out, it might be reinserted and they just might come after your paycheck or other assets as well. You should take positive steps to disarm that lethal weapon that is aimed at you. It is not difficult to do in most cases. Think about it.
OOOOOO and don't forget that a judgment can be refiled after the (1st) 7 year clock has expired. Always sumthin' huh?
OK. Juat to make this a little clearer (is that a word?)This is in fact PAID. It was paid BEFORE the court date. That is my problem.
