In August of 1995 I filed CH7 dischanged in Dec 1995. In June of 1995 a judgement of filed against. It is still on recored at the Courthouse. It was included in my bankruptcy and states such on my credit report. I live in Georgia. 1. How long will this judgement(included in the BK) stay on my CR? Can I do anything to remove it? 2. How can I clear this thing up with the courthouse? I have brought the BK papers but said their is nothing they can? Bobby
You'll need to get a lawyer to go back before the court that issued the judgement and petion that the judgement be set aside. This is why you ought never to let somethibg go to a judgement if you are contemplating filing bk. This is just something that'll cost another couple of hundred bucks and alittle time.
Keepmine: I don't understand where you are coming from. I am not an expert in this area, but won't the notation on the credit reports fall off at the end of this year (7 years since DOLA)? Even if it doesn't, getting the judgement set aside at the courthouse will not affect the fact that the judgement was discharged in bankruptcy. So the notation on the credit reports will still be correct - discharged in bankruptcy. Like I said, I am not an expert here, but your answer just did not seem right. If I'm wrong, let me know, but please be gentle.
A judgement is a public record and can remain in affect for terms far exceeding 7 or 10 years. Depends on state law. Some state allow a judgement to show for 20 years. I think what this poster is driving at is get rid of any mention of the judgement and just let the debt that created the judgement remain on the credit file and show included in bk. As you cleanup after a bk and prehaps apply for a mortgage, you don't want a lender to see a past jugdement if you can help it.
I managed to have a judgement removed from all 3 of my reports. they where 6 years old, so they problably would have been removed after 1 more year anyway. But what I am curious about is, can they still enforce the judgement, eventhough it is not on my reports anymore?
Leo, It depends on how long a judgement can remain in force in your state. If it is within the prescribed time period, yes an attempt can be made top enforce the judgement. Also, most states have a procedure to renew a judgement.
Thomas, I wa a bit rushed when I replied to your post and I don't think I expressed myself clearly. Just because a judgement may fall off of a credit report, doesn't mean it won't still exist at the county courthouse. And, as more and more public records are reported to CRA's as time goes by, you can just bet this will show up again and again. You dispute it, the CRA contacts the county courthouse and it's verified. Life will be a lot easier to just get rid of any mention of it in the first place. Get a Judge's order to vacate, and it ought to be gone for ever.
Thanks Keepmine. I think the I will do the court thing and get the judgement set aside. Then after that is set aside I then dispute with all 3 CRAs and it should be gone. I think?
Well just checked and in new york the statue of limitations to file for judgement is 10 years. But once it's filed "A judgement will drop off your credit report after 7 years, but your creditor can hound you until the debt is paid" Bummer, now lets hope the they don't come after me.
