so much for the 180 day rule.

Discussion in 'Credit Talk' started by Marypc, Apr 13, 2001.

  1. Marypc

    Marypc Well-Known Member

    I had a paid judgment for a student loan from 94 on my reports. It is due to come off 7/01, 3 months from now. I disputed this twice, had it deleted twice, and just today got a letter that again, (2nd time) it is being reinserted since the courthouse verified it.

    I am calling TU tomorrow to see if they will delete it for good since it only has 3 months to go. If they hassle me, I'll just wait it out I guess. Apparently, the idea that an item will be deleted if it is within 6 months of the drop off date is not always true. :(
  2. Shelby

    Shelby Well-Known Member

    Re: so much for the 180 day ru

    I never heard that items would be deleted if they were within six months of being obsolete. Is this true or is suppose to be true? In this case i guess it was not but I have a judgment due to come off 11/ should I try to have it deleted in about a month from now....that will be within 6 months. I did not want to dispute this because I was afraid that if contacted to verify the person who filed the judgement would try to renew it. Can they do that? If so, I will just leave it alone until Nov. 2001.
  3. Bill Bauer

    Bill Bauer Guest

    Judgement? Why worry? Beat it!

    That judgement might go off your credit report on schedule, but the judgement itself can remain in full force and effect for up to 20 years, and there is always the danger that they will go for garnishment at any time. Then it's strictly "Katy, bar the door!"

    As a national average, at least 98% of all judgements have reverseable errors in their filings and all you have to do is to go look at the court records and see the errors for yourself and then go to court and file motion for summary judgement asking for reversal of the judgement on the basis of the errors. Of course, they will not let you actually get a summary judgement against them. Motion for summary judgement in a civil court acts exactly like a preliminary hearing in criminal court. If there is no dispute, the judgement is granted, but if there is dispute, then it goes to full trial before a judge unless one party or the other demands trial by jury. Most collections lawyers are very ill prepared to argue a case before a jury, and if they see that you have a solid argument will usually want to settle out of court rather than going to full jury hearing. Of course, the original lawyer becomes a defendant too, so he can't plead his own case. He has to go hire an attorney to represent him and he also can't defend his original client in this action because he is named as a party to the suit.

    They cannot re-file on you and they cannot amend their original filing to fix their errors, so you will win one way or the other every time. They will usually want to settle out of court rather than go to jury trial. That means they are going to have to pay you for your damages and the damage to your credit and the court will reverse the original judgement so that you will owe nothing.

    Don't be afraid of judgements. They can really work in your favor if you know how to go in and kill them, and it's not all that hard to do.

    Bill Bauer
  4. mimi

    mimi Guest

    Re: Bill, need more info

    What if the Judgement is Paid in full and the Creditor who filed the Judgement is going out of business? Can I still file a summary judgement?? Thanks.
  5. Ender

    Ender Well-Known Member

    Re: Bill, need more info

    lizardking: did this judgement happen before all your disputes and validations against the creditors/collection agencies or after you sent them?

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