Vacating a satified judgement

Discussion in 'Credit Talk' started by deedee77, Apr 7, 2004.

  1. deedee77

    deedee77 New Member

    Well I was at NYC courthouse today.... what a zoo.

    I have 2 items on my CR from 1999 that I want off.
    1) Satified judgement in Civil Court
    2) Satified NY tax judgement from Superior Court.

    I went to the civil court records department and asked to vacate a judgement. The clerk said "you can't, it's satisified, and essentially you can't say it wasn't valid if you paid it. NEXT!!"

    So I walk out of there with my tail between my legs and headed to the superior court to get a copy of the Tax Judgement. I ask the clerk for help. She provided me with one piece of paper stating 'Warrant' at the top. I asked 'isn't there more documentation like a petition, proof of service, a transcript of the judgement??? How do I file a motion to vacate??' She looked at me like I was from Mars. She gave me the number to the state department. I called, and they basically said write a letter explaining why it should be vacated and mail it in to us.

    Does any of this sound right?? If so, what should the letter say. I am contesting that I didn't get served (which is true), but they basically claim all they have to do is confirm letters where mailed, and there was no clerical error. I am so frustrated that I had to use a sick day to essentially get nowhere.
     
  2. ljones4521

    ljones4521 Well-Known Member

    Once the judgement is vacated can you get it off of your credit report?

    We have one showing filed in 1997 and vacated in 1997. Any suggestions?

    Thanks
     
  3. lbrown59

    lbrown59 Well-Known Member

    Vacated judgments are not reportable items
     
  4. hiding90

    hiding90 Banned

    -Is it a "VACATED" or "SATISFIED" judgment???

    -If this is a "tax judgement", GOOD LUCK getting it vacated. All they have to do is show the summons was mailed.

    -additionally, this may actually be a tax LIEN which isnt "vacatable"
     
  5. lbrown59

    lbrown59 Well-Known Member

    This is 7 years old why is it still on there?
     
  6. ljones4521

    ljones4521 Well-Known Member

    Re: Re: Vacating a satified judgement

    Thanks for responding.

    The credit report shows this as "vacated". Do I simply write the CRA a letter stating this is not a reportable item? or is it outlined in the FCRA?

    Thanks


    FYI: I am not sure why it still appears; however, it is there. Can judgements stay for 10 years/ I forget. At any rate I will try getting this off.
     
  7. hiding90

    hiding90 Banned

    Re: Re: Vacating a satified judgement

    In theory, it can be there forever. If the judgement is "renewed", it can be reported again.

    But, if it is satisfied, it should only be 10 years.

    Vacated just doesnt make sense at all to be on a credit report. :)
     
  8. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Vacating a satified judgement

    It's neither renewed nor satisfied.
    Like I said a vacated judgment is a non reportable item.

    ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
     
  9. hiding90

    hiding90 Banned

    Re: Re: Re: Vacating a satified judgement

    WHY isnt it reportable?

    IT'S a public record right?


    I ask cause I honestly dont know
     
  10. jenz

    jenz Well-Known Member

    Re: Re: Re: Vacating a satified judgement

    when a judgment is vacated its means it wasn't valid and therefore cannot be reported the credit bureaus. usually to have a judgment vacated the judge will have to retry the case. if the plaintiff wins, it stays on, if the defendent wins it never goes back on and dismissed. or something to that effect.
     
  11. hiding90

    hiding90 Banned

    Re: Re: Re: Vacating a satified judgement

    this didnt address the public record issue, but thanks :)
     
  12. jenz

    jenz Well-Known Member

    Re: Re: Re: Vacating a satified judgement

    oh sorry. when it is vacated it is taken off the record - as if it never occured.
     
  13. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Vacating a satified judgement

    I don't know if you've observed this or not but not all public records are Customarily found on credit reports.
     
  14. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Vacating a satified judgement

    In other words If it's taken off the records-How is the CRA reporting a vacated judgment thats not on file at the court house.

    Also to answer hiding 90s question if it's not on record then there is no public recort for the cra to report.
     
  15. lbrown59

    lbrown59 Well-Known Member

    : Vacating a satified judgement

    EraserMate

    In other words If it's taken off the records-How is the CRA reporting a vacated judgment thats not on file at the court house.

    Also to answer hiding 90s question if it's not on record then there is no public recort for the cra to report.
     
  16. jenz

    jenz Well-Known Member

    Re: Re: Re: Re: Re: Vacating a satified judgement

    sorry lb - the CRA doesn't report a judgment, the courthouse does...:):)
     
  17. hiding90

    hiding90 Banned

    Re: Re: Re: Re: Re: Vacating a satified judgement


    Yes, I have noticed. BUT, my question was trying to inspire SOMEONE to post WHAT KIND of public records CAN be reported AND WHY??

    Some people who view these post like to have evidence and information, NOT JUST YOUR "word"
     
  18. jenz

    jenz Well-Known Member

    Re: Re: Re: Re: Re: Vacating a satified judgement

    well, IMHO, anything pertaining to debt, such as judgments won by creditors and bankruptcies should be reported.

    i don't necessarily think debts won by private parties should be reported. for instance, you're sued due to an auto accident.

    if it doesn't pertain to debt incurred by you it shouldn't be on there. this statement does not pertain to medical bills or other monies owed like unpaid utilities. those should certainly be reported if you incurred the bill and did not pay.
     
  19. jenz

    jenz Well-Known Member

    Re: Re: Re: Re: Re: Vacating a satified judgement

    want to add that i think divorce would come in handy on a credit report. it would make my job so much easier when trying to determine the cause of late payments.
     
  20. lbrown59

    lbrown59 Well-Known Member

    Re: Re: Re: Re: Re: Re: Vacating a satified judgement

    OOPS I ment listing not reporting - Sorry my bad
     

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