there is a new twist... Sears hired an atty for my husband's account, the atty was late for court they settled outside of court, the atty mailed my husband some settlement papers, with both parties agreeing to a judgement, my husband never signed the papers there is no judgement! Sears keeps referring us back to the atty will not settle account w/us we need to go to atty for that, well I am afraid to approach the atty due to the fact that the judgement might pop up, well I was looking at his CR and they have date opened 9/97 and date closed 7/97, how did they close the acct before it was even opened, since they are reporting incorrectly could I get this deleted or would they just correct the error? Sorry it is so long I just do not want to do anything that might awaken the judgement, and advice, suggestions?
You need to do a couple of things to be safe. Firat you need to check your hubby's record at the court house to be sure there is no judgment under his name if you have not checked there before. Its easy to do and won't wake anybody up. Next check the SOL in your state for filing judgment. If it hasn't ever been filed or is now void you probably need to wait a bit more until the SOL is up. Once you know those facts then you can tell us what you find out and we can tell you better what to do.
Thank you Bill for the advice, if he did have a judement wouldn't it show up on his credit? sorry to ask so many questions, I am just not familiar w/ judgements.
judgements don't always show up. I have a judgment - 1 cra shows only a suit, 1 a judgement, the other nothing. See if you can pull up the records on the internet. I was able to search all records at our county courthouse online. Of course, the records show it was vacated, and the CRA's never managed to get that piece of info! (the one that shows nothing never showed it in the first place).
I would feel a lot safer if I were in those shoes going directly to the clerk of the court and doing a records search. Go poking around on line and doing it other ways can lead to wrong answers.
1 cra shows only a suit, jason_l Why is this even reportable?? The END ************************* LB 59
good question.. i have no clue. under equifax's public records it has "suit filed...".. and the date actually does match (to within a few days) the actual date they filed, and predates the default judgement by well over a month.
Re: Re: i have talked about this before but quote: -------------------------------------------------------------------------------- Originally posted by lbrown59 1 cra shows only a suit, jason_l Why is this even reportable?? ----------------------------------------------------------------------- good question.. i have no clue. under equifax's public records it has "suit filed...".. and the date actually does match (to within a few days) the actual date they filed, and predates the default judgement by well over a month. jason_l ==================== Can any one answer this ? Why are suits reportable ?
Re: Re: i have talked about this before but it's not listed as a judgement, no dollar amounts listed, etc. Yet my reason codes are definately picking it up and kiiling me for it as a dreog public recird. I dont' anticipate any problems getting it off since the end status of the suit was a vacated judgement (long story, but the organization that sued me actually had their attorney vacate the judgement for me!). But it is odd that it's on there (still!) and being treated like a judgement by fico.
Re: Re: Re: Re: i have talked about this before but i don't anticipate any problems getting it off - it's just odd that "suit filed" is there in the first place... It just doesnt' seem right that just having a suit filed against you should bring your score down as if you had a judgement, as it's still just an unsubstantiated claim pending the outcome. And in my case it was not even my debt, and the creditor consented as such and paid their lawyer to take care of it for me. But as far as credit scoring is concerned, the past 3 years I have been treated as if I had a major derog on my public record I've got damages from it as well, as I had mortgage and apartment lease applications denied, as well as a motorcycle loan denied.
Re: Re: Re: Re: Re: i have talked about this before but 1* it's just odd that "suit filed" is there in the first place... 2*It just doesn't' seem right that just having a suit filed against you should bring your score down 3*It just doesn't' seem right that just having a suit filed against you should bring your score down as if you had a judgment, as it's still just an unsubstantiated claim pending the outcome 4*I have been treated as if I had a major derog on my public record jason_l ============================== ------------------------------------------ 1*Odd but perfectly legal as they are permitted to report all public records. This includes every thing at the court house about you from loans to deeds, titles divorce, taxes etc. If its on record there they can put it on your CR Reports. 2*That's nothing It happened to me and I was the one who filed the suit. 3*Guilty till proven innocent here just like everything else they report. 4*They and FICO consider all public records as derogs. The END ************************* LB 59
Re: Re: Re: Re: Re: i have talked about this before but you mean to tell me that if I file suit against someone it will show up on my report and bring my score down??? oh man....
Re: Re: Re: Re: Re: Re: i have talked about this before but I DON'T THINK SO... You would have to LOSE and they would have to WIN a counter-suit...and then they get a JUDGEMENT when you REFUSE to pay it...
Re: Re: Re: Re: Re: Re: Re: i have talked about this before but maybe you missed in an earlier post of mine - the only item in my public records is that a suit was filed.. no judegements, etc. My FICO reason codes appear to pick it up.
Re: Re: Re: Re: Re: Re: Re: i have talked about this before but If it isn't a judgment then it can't be reported. I've seen cases where they did report judgments that had been vacated at the request of the plaintiff before it was adjucated and all it took to get rid of them was to prove it was not a judgment from the court records and that accompanied by an intent to sue got rid of them. I've done that maybe half a dozen times and it never fails to get rid of them.
Re: Re: Re: Re: Re: Re: Re: Re: i have talked about this before but Same thing happened to me once. Ever have a loan App, ask Are you a party to any lawsuit? They do hold lawsuits against you or this question would not be on the App. Whether you file the suit or the other person files makes no difference you are still a party to a lawsuit.
Re: Re: Re: Re: Re: Re: Re: Re: i have talked about this before but If I was not a party to any lawsuit at the time I would answer in the negative.
