Can I get a judgment removed from my credit report?
I had a Judgement entered on feb/2012 for a $400 medical bill. It increased to $800 once it was sold to a debt collector. The collector reached out to me to make payments but I could not due to lack of funds. Long story short. A judgement was served to my then boyfriend at the time (feb/2012) because he opened my door and confirmed I lived at that residence. Missed court date so the collector received a default judgement against me. Started making payments of $100 every month until I lost my job again. I haven't heard from them since. I made 2 or 3 payments total after the judgement was in place.
I want to fix this debt but I want the judgement to be removed from my credit report. Called the collector 2 months ago informing them I would make two split to pay balance in full within 1 month. They declined saying they would gladly accept the payment but will not remove the judgement they will only said judgement settled on my cr. The firm is a building not far from home maybe 20 min ago with an office of like 5 ppl. Not sure if i can go in face to face to make arrangement again with my same terms or speak to another agent and or person in charge. Not sure if its something i can do on my own to meet my terms or if i need to get my own attorney to do the negotiating for me. Really want to take care of this before it increase any higher than it already is or worse/wage garnishment. btw I live in M0.
How can I get a judgement removed off my account if I pay the balance in full? Is this something i can do on my own if told
—Jai
It sounds like your main goal is to resolve the debt and get the negative off of your credit report. Unfortunately, you are fighting a losing battle with this approach.
Getting a Court Judgment Removed From Your Credit Report
The life time credit cycle of a debt that goes unpaid looks like this:
- 30 days after you miss a payment to a creditor, like a credit card bill, you should see a thirty day late pay on your credit report if the item appeared there already and is updated regularly.
- 60 days after a missed payment you now would have 2 payments skipped and are considered 60 days late.
- As long as you continue to miss payments month by month you are being reported as an additional month late.
- Ultimately the creditor will charge off the debt and take an accounting hit. The charge off is often then reflected on your credit report.
The Life Cycle of Credit Damage
After missing payments on unsecured (and most other debts), your account may take on some additional qualities after charge off.
5. If a debt collector/debt buyer has the account and reports it as a collection on your credit report, with a balance due, the charge off from the original creditor remains, and the new negative will be reporting a balance due them, not the original creditor.
6. If you are sued for collection and judgment entered in the court, the judgment can turn up in the public record section of your credit profile.
Most of the negative credit impact from missing bill payments does not get to #6. One through 5 has a 7.5 year shelf life from the date you missed your first payment. There are some shenanigans that occur with credit reporting and debt collection accounts being reported with more recent dates, and even instances of multiple entries showing up for the same debt and more than one reporting a balance due, which is not right because you cannot owe the same debt to more than one place.
I am pointing out the above as a brief outline for later readers of this page. A little perspective of what happens to credit reports along the way when a bill remains unpaid is a good foundation for what I have to share about getting a judgment removed from credit reports.
Credit Reporting, Collectors, Debt Buyers, or Attorneys Collecting Debt
There is a hierarchy to who can do what when it comes to credit reporting. Debt collectors, debt buyers, and attorneys that collect debt cannot make your original creditor change what the bank is reporting to the credit bureaus. And even the original creditors have no real influence over the court records once the judgement is entered.
The judgment is a matter of public record. The integrity of that record is maintained by the court. You would need to get the judgment vacated, or the judgment creditor to somehow miraculously want to undo their suing you (doesn’t happen).
Unless you have a good argument for getting the judgment vacated, and are willing to spend the money on an attorney who knows what they are doing when it comes to accomplishing something like this, or dedicate a hell of a lot of personal time and energy to learning how to do it for yourself, the judgment will stay in the record with the court.
Judgment debt has a 7 year shelf life too, but the time only starts ticking from the date the judgment was entered.
Is this a big deal? Not for most people. Getting the judgment paid, even for less than the balance owed if that is agreed to, will result in a satisfaction of judgment being filed. You can use the court record to rapidly update your credit report yourself if you are dealing with the judgment in order to get a home loan approved, or refinance a current mortgage.
Be sure that any pay off agreement, whether in full, or for less than the judgment balance, includes filing the satisfaction with the court. There is no shortage of feet dragging when it comes to updating the court.
Paying Off or Settling a Judgment Debt Can Be Done on Your Own
It is always best to discuss legal matters with an attorney who practices in a specific area of law. In this case, one with credit reporting or debt collection experience. Hiring one to help resolve an 800.00 debt may not make sense unless you want to battle the judgment itself.
With a smaller debt amount such as this one, you can get the payment in and avoid garnishment. Just be sure that any agreement to pay includes in clear terms that upon receipt of payment, or the full agreement being met, a judgment satisfaction will be filed with the court.
Improving Your Credit Report After Payment Setbacks and Judgments
I will have a series up at the beginning of the year that details credit report recovery and tips for increasing credit scores after bouncing back from a tough financial patch. In the mean time, if you can answer the following questions in a comment reply, I can give some more feedback:
What are your immediate financial and credit goals (buying a home, car, other)?
What other negatives appear on your credit report beside the original payment default related to the judgment debt, and the judgment itself?
What positive items are appearing on your credit report right now?
Need some personalized help?
If you would like confidential help you can…
- ask a quick question here
- request a general debt consultation here
- get a settlement estimate here
- use the CRN Platform to settle your debts or find dedicated Debt Coach here
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About Michael BoveeMichael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry. He is available to speak with you about your financial struggle and helps people resolve their debt problems daily.
Hi Michael! ! Please point me in the right direction. I can’t afford an attorney I would like to handle this myself but need to know how first. I have a judgement against me. I thought I was taking the right path messed up by missing to submit the answer I requested that the other party just provide proof of what I owed because no way it was all of what they claim. It was a credit card and actually I didn’t know but at the time it was passed sol but I didn’t know until now. I was sued in 2012. So since I didn’t turn the answer In time the judge send me a letter that I had to pay. After that I made payment arrangements with equable finance for Chase and they agreed that I pay 50 buck a month I made all payments on time. I say the 3rd payment they send back to me so i figured at the time that i didn’t owe them anymore because it was not showing on my credit report anymore. Now I’m trying to buy a house I notice they are still there and what’s crazy is they had me writing the money order to litow and pech which is not the same as the name on my judgement paperwork.
How much is owed today? Have you already applied for the mortgage?
I still owe about $1500 and honestly since it was years ago and when they send my payment back silly me was thinking I didn’t owe them anymore and I never heard from them since. Also I didn’t see it on my credit report anymore but it’s still in my record with the courts. How can I settle with someone that is not cooperating?
It does not sound like they are not cooperating, but that they had a records snafu and stopped trying to collect. You have to reach out to them to negotiate a payoff. The amount you look to save from negotiating in this situation can be impacted if they see you are trying to buy a home, which they can find out with a look at your credit reports.
I have a problem with some of how the lawsuit went down to begin with. I am sending you an email with contacts for experienced debt collection defense attorneys in Missouri. You can call one or more of them and run through what happened back then and see if there are some suggestions they make to challenge this. Otherwise, you are looking at negotiating the settlement, and getting that updated to the court record, before you home loan would go through.
Hi Mr. Bovee,
My situation is difficult so I would really appreciate all the help I can get. So back in March of 2010, my boyfriend was involved in a car accident with my vehicle. We both have the judgement for $8,542.79 plus $239 in court fees. We never received any papers for this so this is very confusing. But obviously I want to resolve this and move on with my life. We are trying to buy a house but need to fix this ASAP! What steps would you recommend?
Who got the judgment against you? What state are you in?
The judgement is from the insurance company/person that was driving the vehicle my husband was in an accident with. This happened in Illinois.
If you were not in a hurry I would want to explore the fact you never got served or knew about the law suit. Ho much of a hurry are you in? Can you raise 60 percent of the balance owed?
Hi Mr. Bovee,
I had lost a case against Midland Funding at the JP level in Texas three years ago. I filed a pauper’s appeal in Disctrict court and I had a summary judgment against me because Midland claimed they didn’t get an “answer” from me though I had dated letters sent by certified mail to both Midland and the court. I decided to file bankruptcy which dismissed the judgement in District court. Now I still have Transunion showing the JP level judgement though the Texas JP court told me they would have destroyed my file as soon as it was settled in bankruptcy at the district level two years ago. Is that enough info to ask Transunion to drop the JP judgment off my credit report? I have paperwork from the district court that says dismissed in bankruptcy but of course no paperwork for the JP level since it’s gone. Midland funding shows on both judgements of course. Both Equifax and Experian have already dropped the JP judgment from my credit report.
Linda
Have you filed credit report disputes? If so, what was the result of that?
Next I would look to file a credit reporting complaint with the CFPB.
Hello Mr. Bovee,
Thank you so much for your informative website.
I have 2 judgments against me.
One by LVNV FUNDING LLC in April 2010 for $8217.94 + Judgment Interest:$864.57 + Costs:$75.00 which totals $9157.15
The other by CORNERSTONE EQUITY PARTNERS INC in October 2009 for $3,856.28 + Judgment Interest:$13.31 + Costs:$20.00 which totals $3889.59
In both instances, I was not aware I was being sued because I never got served any court papers. However, those debts were probably mine. But I think the amounts were off.
In August 2014 my bank account was garnished for the amount of $3688.04 on the LVNV FUNDING case.
The same law firm (Protas, Spivok & Collins) filed both cases on behalf LVNV and CORNERSTONE.
I had called the offices of Protas, Spivok & Collins. They told me the accounts had been transferred to INVESTINET.
So I called Investinet, they then told me the accounts have been transferred to ASSET RECOVERY SOLUTIONS and NIAGRA CREDIT SOLUTIONS
My wife and I are hoping to purchase our first home really soon.
About a month ago I got the services of an attorney to try to negotiate a settlement for both of the judgments. She had initially advised that we should file to vacate the cases.
After getting in touch with Asset Recovery, they did confirm that they now hold the Cornerstone account but that the balance is now $6559.80. We offered to give them a lump payment of $2000 to settle but they rejected and countered with an offer of $4591.86 to settle this case.
My questions are:
Do these collection agencies/debt buyers have the right to charge interest on a debt that already had interest on it at judgment since they presumably bought the debt cents on the dollar?
Shouldn’t their offer be based on a fraction of the original judgment amount?
If I successfully vacate the judgments, will that hinder my being able to buy a home?
Your insights and advice will be really appreciated.
Thanks
Judgment interest is set by the court and governed by state law. So ye, it is normal for interest to be added post judgment. What state are you in?
Their offer should not be based on a fraction of the judgment amount. What debt buyers pay to acquire a specific debt will rarely have anything to do with what you can settle for. And less so if there is a judgment.
If you vacate the judgments it will be as if they did not exist. That would be the best outcome for your home buying goal.
Niagara Credit Solutions is often pretty easy to deal with. Where does that one stand?
Thank you for your reply.
I live Maryland and the cases were filed in Maryland. I am still waiting for a response from Niagara Credit Solutions. The Asset Recovery case is scheduled to be removed from my TransUnion report in 9/2016 and the Niagara case in 3/2017. Only the Niagara case is showing up in my Experian report and it scheduled to be removed in 4/2017.
The judgments will not go away after they drop from your credit reports. You are still at risk of lien, levy, and wage garnishment as each would apply in your state. If left unresolved, those judgments will prevent future financial goals, like a home loan, even thought they are not seen on your credit.
2012 had a rental judgement against me and was paid in full by one wage garnishment. But even now on credit report doesnt say it was paid or satisfied.. Do i just go to county clerk and show pay stub with garnishment or do i need to contact plantiff?
How long ago did this occur?
You want the other side to file the notice of satisfaction with the court. You can talk to the court clerk about your options, and sometimes you have to move things along yourself.
I would talk to the attorney you paid and see what’s up with them first. If this is not straightened out quickly, and it has already been 2 or 3 months since you paid the judgment, I would file a complaint with your state bar association against the attorney, and also file a CFPB debt collection complaint.
Hey there Mr. Michael Bovee, I noticed your post and just want to first off say thank you so much for helping these people and hopefully myself included, you don’t have to do this it is very much appreciated.
My situation involves me trying to buy a house. I was getting the pre-approval process started on my owning a home and it came up that I have a public record from a circuit court from when I was in college 6 years ago for the sum of 3,500.00. How would you recommend I to go about handling this situation to get it resolved? Does waiting the 7 years for the debt to fall off work in this situation? If I pay it off, can I get an agreement from the court to remove this incident from my credit report? I want to go ahead and get the ball rolling on trying to get a home, what is the quickest and best way to go ahead and get this taken care of?
You cannot wait for this to roll off your credit report and get on with life like you can with non court debts. The lenders still find the court records and will hold up approval on home loans and refinancing.
At this point I would get a copy of the judgment from the court and look to negotiate the best settlement possible in order to save money, and get the court record updated to show it has been satisfied.
What was the debt about?
Hey, thanks man. The debt was from Credit cards.
Settling a credit card judgment that old is pretty common. I tend to target 50% of today’s balance (there is often judgment interest added) as an optimistic, yet still realistic outcome.
Who is the judgment creditor (name of plaintiff that sued)?
It doesn’t say and I’m looking from Credit Karma. And to be honest I really just cant remember, it’s been a long while now,,,
You can often pull up court records on line now, so try the courts website. If they do not make that available you will need to call or go to the court for the info.
I will do that now, thank you so much man, I really appreciate the help.
Hello Michael,
I currently have a judgement entered against me in Indiana. This is the third owner of the debt, and I want to make sure the information they sent me is sufficient to continue the judgement. I want to settle and get it over with because the negative marks should be falling off of my credit report next year, but I’m also afraid that if I pay, it would start the 7 years all over again. I could really use some advice if you have the time. They’ve frozen my bank account which had student loan money in it. I asked for a sooner court date because of those funds being ‘exempt,’ but have had no luck yet. I’m really between a rock and a hard place, so any advice you could offer would be extremely helpful. Thank you so much.
You cannot restart the credit reporting clock on a judgment by paying or settling it. It will still fall off, but if left unresolved, will still be collectable through wage garnishment, bank levy, or property lien. An unresolved judgment will still come up when you try to buy or refinance a home, even when it is no longer on your credit reports.
Who is it that owns the debt now?
Who is the collection law firm handling it?
I have a bunch of negative accounts on my record. I never had a credit card, never any outstanding balances, there’s several items that I have not known anything about. Do you think someone else is using my identity, and I’ve never received any information contained by any of these creditors, just happened to look now that I’m trying to purchase a home?
Identity theft happens more than many people realize. Check out this site from the FTC about what to do next: https://www.identitytheft.gov/
I was recently contacted that I a being summoned to court in another state. When I was young and foolish I had enrolled at a college and didn’t drop my classes in time. The amount they are saying g I owe is about 800 more than the original debt. I am in the process of trying to rehabilitate my credit. How will a judgment effect it and will it help as I am paying it off? Since I am not in the state to go to court, what steps can I take to try to get it possibly lower?
I would first look to get the case dismissed for being in the wrong jurisdiction. Then deal with negotiating something out of court. Post the state you are being sued in and I can email you attorney contact details of lawyers that have practices that focus on debt defense.
Who is it that is suing (name of plaintiff)?
Hi I had a judgment on Brazioria county , Texas on 1/24/11 from my HOA and was satisfied by my paying in cash over 19000 in court to the sheriff , he gave mi a receipt, but the attorneys from the HOA did not file a satisfied form until 7/1/2016 and the judgment still on my and my wife credit as unpaid and satisfied on the court public record , it has affected my credit as a result we can’t get credit , I’m trying at this time to get student loan for my kids as a consigner and been denied and paid hi interest on other credit since , how can I get the judgment remove from our credit and can I sue the attorney and association for not filing the satisfied judgement that cost me to paid higher interest rates on my loans since 2011?could you email me thank you
You will want to contact an experienced debt defense or FCRA attorney in Texas about what your options are to pursue the attorney. If the satisfaction is filed with the court as of last week, you should be able share that with the DOE for the plus loans. It take some time to update to your credit reports organically. You can dispute the entries with the credit bureaus and upload or send a copy of the satisfaction the court now has as part of your dispute. It can often get corrected quickly that way.
Hi Mr. Bovee,
I have a judgement on my credit report for $565 from an eviction in 2013. I called the court to pay the full amount and they said I needed to pay the plaintiff which is the apartment complex. I contacted to apartment complex, spoke with the manager (and plaintiff) and stated my intention to pay the amount of $565 that is shown on my CR. We set up an appointment to meet at the apartment complex and she has a court document from 2013 that has a much higher amount because it factors in court costs and interest. She says that regardless of what the credit report says, she can not release the judgement until I have paid off that amount. I never actually received a summons or letter or however they notify you in TX so I never went to court. I didn’t know about the judgement until applying for a loan pre-approval. I paid the $565 that shows on my credit report and I have the receipt plus a copy of the money order with everything filled out and all signatures. So where do i go from here to get the judgement removed?
You typically want the other side to file a notice with the court that the judgment is paid or satisfied. If you did not pay the full amount of the judgment, and that often will include the fees and costs, plus the interest on the judgment amount that the court sets, you are not going to be able to get the record updated in the way you need to in order to get your home loan through.
You do not get the judgment removed per say. You get the record updated to show it is paid. That will allow your credit report to be updated too, but you can make progress on your loan even before the credit bureaus are updated (using the court record). You can get your loan through with a paid judgment.
I took my little brother to a dentist appointment back in 2011 because they said he was getting anesthesia and of course he can’t drive himself home. Me being young and naive, I signed a document (thinking it was to ensure he had someone present to take him home) that I later found out was me taking responsibility for any unpaid medical bills. At the time, my brother was insured and 18 (they swear he wasn’t of age but he was) and won’t provide me the document I signed. I found out I had a judgement on my credit report because I do not live with my family and no one tells me about mail that comes in my name. I found out because I was trying to purchase a home and when they ran my credit, it showed up. On my report it says I must pay $610 but the dentist office said it’s $641 and also said I have to pay them, not the court. Is this true? I wanted to buy a house and this ruined it.
If you are confident your brother was 18 at the time I would file a debt collection complaint with the CFPB. People are hearing back on those in a matter of weeks.
I know the balance is low, but I would not pay something like this just to get the home loan through. I do understand why that is an appealing thought though.
I am in the middle of closing on a house (June 10th is the date). My credit score was 785 when I applied for the mortgage. Now a public record has appeared on my report from 2014. It’s been paid in full since 2014. My bank said they do soft credit inquiries through the closing process to watch for any changes to my credit score. My credit score has now dropped to 730; Am I at risk of the bank not approving my loan due to this new public record? Or is it OK since it shows it’s paid off?
I think you will be fine, but who is the lender you are working with for the home loan?
MB Financial Bank
Talk to the loan officer you are working with at MB Financial and see what they have to say about this. If the rate changes you could shop for a better one.
I have a judgement on my credit since 2012 from an appartment I had. The apartment complex has had 3 different owenrs since then. Is there any way the new owner of this property could write it off? Is it too extensive to have done, too much stress? I could pay it but not all of it. The balance was actually for 3500. the judgeent is for 1700. What direction should I go, This is the last thing on my credit that I need to remove and also I have paid 3 other debts but they are still on my credit report showing as negatives. I have asked them to please remove the negative and to update all 3 credit agencies and it has not been done, but the accounts are settled. What would be the best thing to do for all of this?
DO the 3 settled accounts show as paid collections? I want to know if the people you settled with updated your credit reports to show them as a zero balance owed now. And if they have, that is really all they are required to do. Getting someone to delete the negative is not all that common, but also not all that necessary depending on your goals.
The judgment is not something the new apartment owners can just remove off your credit. That is a public record. You are likely looking at having to settle the judgment and getting it updated in the court record to show satisfied. Have you tried to negotiate the balance down already?
hi, 2 judgements have been taken off the credit file, on 4/16 and the other 5/16. Will the credit card holders come after me again.? Judgements were filed in 2009. I’m in Ct
Just because the judgments are deleted from your credit reports does not mean they go away or become uncollectable. You are still at risk of wage garnishment, bank account levy and property liens, and in many instances for 20 years or more in your state.
I live in texas, also where I went to college. After I graduated I was hit with the issue of finding a job, thru the whirlwind I tried to pay stuff as well as I could basis. Some things were late, etc. Fast forward a few years to 2012, I have all credit card debt paid off and my student loans in rehabilitation and going fine, I get served with papers to appear about state/federal grants that turned into loans bc I didn’t graduate in time. Me thinking it was for the loans in rehab, I foolishly ignore it. Fast forward to 2016, I have a great job, credit score in the 730’s, apply for a mortgage loan to buy a home and BAM, they tell me about this public record judgement from 2012. The issue I have here is, should I pay it off or just let it drop off my report in 3yrs? The judgment is for $12k. The worst part is that I was never contacted ever again about any payment arrangements or anything to indicate this was part of my credit report record. I would have gladly taken a monthly payment plan option if it was offered. I don’t even know who to contact for this, or if I should, I’ve read that if you make Contact they can renew the judgment? Need some good advice here please. Love the site!
Are you certain these federal student loans Nic? If they are it can be tough to negotiate much of a reduction.
You will want to resolve the debt one way or the other regardless of it being on your credit reports. You will not be able to finance a home with an unresolved judgment. It will hold you up because it is public record even when it is too old to be on your credit.
Confirm who the named plaintiff was on the original summons and complaint with the court and let’s go from there.
Hi Michael,
I really appreciate all of your information! Here is my current situation. I got divorced in 2009 and became a single mom of 2, in Illinois.
I was recently considering purchasing a house, and found out about 2 judgments against me. One was from a Target Visa, filed 7/2012 for $7900, and the other was a Capital One card filed 4/2010 for $1600. I knew my credit took a hit during my divorce, but honestly, I was not fully aware of all of the accounts my Ex had opened in my name. There are a few other smaller accounts that I had settled or paid off prior to contacting the mortgage broker, and still a few left to tackle.
I have some savings that I was planning to use for a down payment. Obviously, my goal is to settle these for the lowest amount possible so that I can start saving up for the down payment again. I contacted the collection company on my report for the Target account, Portfolio Recovery, which referred me to Blatt, Hassenmiller, Liebsker & Moore. I call them, and they tell me the Target balance is now $10700.00, but they will settle for half, and they have another account of mine as well. I thanked her for her time, but told her I wasn’t in the position to pay that amount right now, we didn’t discuss the other account, but I assume it is the other judgment.
The smaller accounts I settled were for about 20% of the balanced, but I’m not sure if a judgment works the same way? In your opinion, what do you think is the lowest they would accept on this balance? And if they have both, maybe they can do a combo deal or something?
If/when I do settle with them, will they make me pay upfront or can I ask for something in writing first to show what we agree to? And..what do I agree to, that they will update with the court as satisfied?
Thank you in advance for any help on this!
Not all debts settle for 20%… far from it. But when you are trying to negotiate debts that reached the court, 50% is an optimistic, but still realistic target.
You should be able to get Blatt Hassenmiller to give you 50% off the other judgment too (or real close to it).
You do want to get everything in writing before you pay. Be sure to read more about that here: https://consumerrecoverynetwork.com/debt-settlement-letters-agreements/
You can also prepare yourself better for negotiating judgment debts by reading up about it here: https://consumerrecoverynetwork.com/question/can-you-settle-credit-card-judgements-like-other-debts-stressed/
I have a judgement on my credit report from a junk debt buyer (Hanna and Associates). I still have a small balance. They were sued by the government and have to pay $3.1M in damages. Since that happened, do I still have to pay off my judgement?
You can learn more about how your case may be impacted by reading the consent order here.
Maybe I just have no idea what I am reading, but I didn’t see anything for previous suits they have filed. Am I missing it or am I out of luck?
You should seek a legal opinion, but nothing I know of in the CFPB action against Hanna and Associates would get you off the hook from needing to pay the rest of, or otherwise resolve the judgment debt.
If it were me I would look to resolve the judgment debt, get the court record updated, and get that behind me.
In applying for a home loan I learned that I have an unsatisfied judgment for Arrow Financial from 6/2010 for $3076. I contacted the court and it appears to be for a Providian Credit Card. I assume the debt was sold to Arrow – both companies are no longer in business. I have no record of this debt or any knowledge of this Judgment. The court confirmed they have no record or affidavit of service for the Judgment. The Judgment is also listed under my nickname “Kim” and I always use my legal name “Kimberly”. I have disputed the judgment with all 3 credit bureaus and they are removing the judgment from my credit reports. However the mortgage company is saying the judgment must show as satisfied per the title company. I don’t want to pay for a debt that I don’t think is mine.
Where are you located?
My husband has a judgement against him in Maine for $485 from a now defunct oil company who filed for bankruptcy and restructured. The trustee is the one listed on the judgement to deal with, but he refuses to meet with us and basically called my husband a low life on the phone. We contacted the attorney that did the restructuring (happens to be a friend of ours) and said he couldn’t do anything – it has to be released by the trustee. This is the only thing holding us back from a mortgage. Is there anyone else we can legally deal with to get this removed? We have no problem paying for it. There’s just no one who wants to take our money. Any help is greatly appreciated. Thanks!
You may want to look at filing a complaint against the trustee with the DOJ.
I recently disputed a judgment with the credit card company and they have it deleted, but this information still shows in the public record. How can I have this removed?
Credit card companies cannot delete judgments, but they can delete their own collection entry.
What is your dispute about the judgment, or what is the premise for it to be deleted?
Hello. I recently was given notice of a wage garnishment for a small claims judgement that had been filed against me for an auto loan back in 2002. The original judgement shows it was entered in 2002 and then it was renewed in 2012 before the SOL ran out in California. Now in 2016 they are trying to garnish my wages. If I can make a payment arrangement with the creditor and they agree to stop the garnishment, can they start reporting the judgement on my credit once I start making payments? A judgement has never showed up on my credit which is why I wasn’t aware that I had one. I just don’t know if I start making payments, whether they will have the right to begin reporting this 14 year old debt.
Judgments only report for 7 years from the date of entry. That time was up years ago. They do not get more time to show on your credit than that regardless of whether you pay or not.
As you know though, the judgments can still be enforced.
I’m trying to purchase my first home and after the prequalification I was told I need to resolve two judgments and about four collection accounts. The debts stem from accounts I had in 2007-2008. I also have student loan debt of $90,000+ that is in income based repayment.
My question is should I attempt to pay those accounts even though they are reaged debts that initially went to collections in 2007-2008? Or should I play the wait game or should I press the issue to have them removed by filing a complaint with them?
Call me for a consult Yasmin. You can reach me at 800-939-8357, choose option 2.
You may only need to resolve the judgment debts. Those are what is likely holding up the loan process, and it does not matter if they are not on your credit reports. Judgments turn up as part of a public record search.
I can dig deeper when we speak, but I would encourage you to reach out to speak with debt collectors that are not on your credit and not part of a court judgment. If there are collectors showing on your credit that should not be we can cover some actions steps to resolve those too.
Thank you for your support.
Can I ask a quick question?
I settled a judgement and paid $500 of the $680 original amount last year (April ’14)
I had to fight to get this record showed as PAID with Experian. After I proved it was paid, this record is still haunting my credit report.
The fact that it still says PAID and is ON my credit report is hurting me in more ways than one.
Please tell me what I need to do to get this record OFF my credit report completely.
Do I need to hire a lawyer and get it expunged?
Any advice appreciated!
Thank you!
-Rob
You typically cannot hire an attorney to get a judgment expunged or removed from the court record. You can make sure that the courts show your judgment as paid or satisfied, which ultimately leads to your credit reports showing same, but you have to wait out the 7 years for the judgment to drop off.
What are your current credit and finance goals?
Hi I have a judgement on my credit report how can I talk to the attorney to settle for a lower amount?
Who is the judgment creditor? What is the name of the collection law firm that handled the case? How much is the judgment for?
You want to be careful when negotiating judgment debt if your goal is to save as much money as you can in the process. You are welcome to call me for a consult at 800-939-8357, option 2 rings to me. I do have an article up about how to approach negotiating a judgment.
Do you have a specific credit or financing goal you are looking to accomplish that the judgment is holding you back from?
Michael,
There is a Civil Judgement against me in Texas for an apartment lease in the amount of $6187. I have tried to settle it with the creditor and have spoken to their attorney but he has yet to respond. He said that he would speak with his client and call me back. That was a week ago, after two weeks of no response via e-mail. I am wondering if he doesn’t respond, can I somehow challenge the judgement and have it vacated or dismissed off my credit report, similar to the way the credit bureaus delete inaccurate or non-responsive debts from credit card companies.
Also, I am an Inactivate Real Estate Agent and have to either have a payment plan in place or the judgment satisfied by July to reactivate my license. What can I do if he doesn’t accept a payment plan or refuses to enter a release of judgement with the court, can I sue for non-performance? As I know to get any agreement in writing.
There is a little bad blood and I think the creditor or attorney sniffs that I have plans and either wants to prevent me from achieving them or just give me the run around and charge more attorneys fees. I could be wrong.
What is your best advice to settle, satisfy and or remove the judgment so that I can be a Real Estate Agent again?
Vacating a judgment requires a limited angle or strategy. It is not commonly done. What reason would you have to try to vacate? It would be best to run your situation by an attorney with debt defense experience to see what is viable. What is the name of a large city near you? I will email you contact info to some I know with the experience you need.
More often than not, settling the judgment is most recommended. Can you come up with 50 to 60 percent of the balance owed? How long will that take?
Hey Michael
My goal is to purchase my first home. I was able to have a judgement removed yesterday from my Transunion Report. They had the wrong information on it so i disputed it over the phone. Now I’m trying to figure out what would be the best strategy to have the same judgement removed from Equifax and Experian credit reports.. Both reports show errors on them. as far as date and amount and I was thinking about using the letter that Transunion is sending me to show their findings when trying to validate the judgement. As far as other items on my credit…I have about 8 or 9 medical bills in collections….6 are from this year and I’m applying for assistance to have those paid off and 3 are from about 5-6 years ago(I’m also considering paying those off) I have a little under 60,000 debt in student loans that are in deferment(thinking about maybe undoing that and start making payments)….???… I have one secure credit card for $300……an old unpaid electric bill for $400 from 2011 and a balance of $100 owed to another company that’s is set to fall off my reports in 2016. Wondering how paying off any of these accounts(medical/other) would effect my credit scores. I also was wondering if you know about fico 9 and what lenders may be using it? Also do you know how much my scores could increase without the ($3000) judgement on there???
I am not aware of any mortgage lenders using FICO 9 yet.
If you are disputing the judgment debts on your credit reports with the purpose of being in better shape to get a home loan approved, you are likely under the wrong impression of how that works. Mortgage underwriting will find the judgments. They are part of the public record even when they are too old to show on your credit reports anymore. Unresolved judgments, whether showing on your credit or not, will prevent home loan approval.
Unpaid collections of virtually any flavor can prevent loan approval. You will want to resolve all of them (does not matter if you pay in full or settle for less than owed), and get that updated to your credit reports. Paid or resolved medical debts weigh less on your credit scores these days.
Given your state goal of getting a home loan approved I would use available funds to resolve collection accounts and judgments before bring student loans out of deferment.
How much is the judgment?
Michael,
We have multiple liens on our house from defaulted credit card debt. How do i get a list of ALL the liens on my house, just in case we get some resources with which to negotiate settlements?
Your county recorder should be who you can go to in order to get a listing of liens and encumbrances on any specific property. If you have not moved around much you can often look up your name and get a listing of all judgments in your county court, but that is not always the case, and not all judgments result in property liens being filed.
2200.00 Judgment with capital one, scheduled to remain on my credit report until August 2016.
What is my best course of action with this judgment? Should I still attempt to pay it off? If so, do i call Capital One directly?
It was good to speak with you on the phone Lisa. Keep me posted with what develops on your Capital One account.
I have a judgement from a real estate deal and the plaintiff has died with no heirs. The judgment is from 2010. How do I get rid of this judgement that I never deserved? Thank you for taking the time to answer the above questions there’s a wealth of information to be found there.
What state do you live in?
How much is the judgment for?
well the thing is that my husbands credit is around 480 i dont know how much will his credit score increase with one satisfied judgement and the other vacated. the lady that is currently helping me stated that i dont need to pay my medical bills “because it doesnt hurt the process of buying a home”. if i pay them will my credit increase? she stated that i might b able to get the loan under my name i honestly dont know how. i have no knowledge of credit and when i do try to search on the topic many people state different things.
Which credit reporting agency has your husbands score at 480? What do the other two have his score at? FHA underwriting typically requires a 580. What are your scores?
Yes, your husbands credit car improve significantly once collection accounts are resolved.
Paid medical collections often do not factor. Small unpaid medical collections can sometimes not factor, or are not reported on your credit.
How many medical collections appear on either of your credit reports?
I honestly dont know… when the lady that is helping us pulled his credit she said his credit is 480 something. then she told me mines is 547. we both have about 7 medical collections together. I have about 4 other ones that are from tmobile and sprint. them i have a student loan that was paid and closed. i just reported today that updates on both judgements. i dont know how long will that take. we are going through a hard ship and we were hoping to buy a home because its much cheaper than to rent, should i focus on the other ones first and then tackle the medical bills? my husband has on auto loan for about 7 months and has been paid on time every single month. thats y we wanted to use his credit because he atleast have a loan out.
Sorry I have 5 medical collections (which two of them are reported twice dont know why) my husband has only one and the two judgements.
and sorry AGAIN i just saw that my husband has two more old judgements that were satisfied.
In order of priority I would focus on making sure all updates are reporting correctly and updated to show paid/satisfied.
I would then focus on any unresolved debts that are showing as collections. If those are all medical debts, start tackling them either by settling for a lower lump sum you negotiate, or paying them off.
Paid medical does not impact credit scoring like it once did.
It sounds like you will accomplish your goal of buying a home through an FHA type of program. You just have to wade through resolving unpaid accounts and be patient a little while longer.
Ok so I’ll try to settle everything on my credit little by little because to be quite honest we don’t make much money. We actually took out a loan to pay the judgements. But thank you for all your time and help. You are very much appreciated.
I have a question. on Credit Karma it shows that a medical collection dops my husbands credit almost by 50 points. when i remove it will it go back up? hospital agreed to remove it once i pay it.
If the account at issue is the only thing that happened to drop his credit score, removing it would likely bring it back, or close to it (but so long as there were not other changes to his credit).
yes, that was the only thing that changed last week. i am going to settle it for $75.00 n pay it hopefully this friday. They said they will remove it within days since i work at thehospital.
Hey Michael… first off i wanna thank you for taking your time to respond to those that are having some troble with their credit. I myself am also having some problems…. most of it is not having the understanding about credit. I have one Judgement on my credit and my husband has two. One of his which I also have is a Tax lien. it was filed in 2013 and we just payed it 2 weeks ago. they promised to vacate it and i have already received the letter stating that. My credit score says 547 but i have no credit…. i also have a few collections (medical bills) and i believe one from sprint. i am paying off my medical bills this month but my question is will my credit improve much even if i dont have a credit line?? ok… so moving forward with my husbands account.. the tax lien is paid and its on its way getting vacated but the second one is a law suit. We settled that one and paid it 2 weeks ago but the lawyer stated that he cant remove it all he can do it send me a warrant of satisfaction. will that do anything to my husbands credit? that fact that we paid it….. we r trying to buy a home asap. but i need to wait on the updates on our credit report. is there any way we can vacate the law suit?
thanks for all your help.
You will want to resolve unpaid debts on your credit reports and also add new positive credit. Once you get everything resolved I would look into getting a small limit unsecured card from someone like Capital One, or start with a secured card.
You want the satisfaction to be filed with the court so that his credit reports can be updated to show a paid judgment. His credit can improve from there, and the home loan can go through. That satisfaction notice is something you can give to a loan officer for manual processing or rapid re-score.
You need a reason to vacate a lawsuit. It can take a good deal of time and attorney fees to do that, and you could lose in the effort even when you have a good reason (never served properly, disputed debt, etc).
Hi Mike,
I had a medical judgement against me. I paid in full within time span on the documents. Now, six months later it is showing up on my credit reports knocking my score as low as 7 points. I’ve been trying to clean up my credit I am now at a high 570 something. My only open line of credit is my car payment that is perfect. Will I be able to get this off of my public record? I planned on getting a secured credit card next week. I have small goals for now..car insurance in my own name…so high with bad credit…then a used harley that I can pay off but planned on trying for a loan to show payments on time and a house in 4 to 5 years.. any suggestions I would be grateful!
Thank you,
Christina
I moved your comment from the home page to this reader question about getting judgments off of your credit reports. Read the original article and above and into the comments too. This will help you better understand what is likely to happen from here with the judgment in the public records.
I would continue taking all the steps you outline about rebuilding your credit and be ready to meet the ability to repay rules for a mortgage when you are ready to buy. That can mean having a healthy debt to income ratio, a large enough down payment and/or shopping for the homes at the right price.
I have a public record showing on my account that doesn’t show that its paid not really sure what happened but when I first received I believe it was for a gym membership that my ex bf and I had I started making payments on and then that company got sold to LA Fitness so on my credit report it just shows under ” legal item” doesn’t show that its paid what does this mean and who can I contact to see if this is the same one Im thinking about also my one judgement that’s satisfied was for a medical bill I thought there was a new law that medical bills didn’t reflect on your credit score or something like that
Paid medical collection accounts have a muted impact on your credit score, or depending on the scoring model, a zero impact on your credit score. But yours is a judgment, which is not part of those recent score factoring changes. If the judgment is satisfied then you just keep building credit from here and let time help push your score back up.
I would contact the new club owners collections department and find out who the account was sent or sold to. That is… if the gym membership is not already a judgment. I could read your comment to say that. Is there an additional judgment besides the medical debt?
Yeah I remember getting the paperwork and doing automatic payments then when Bally got bought out by LA I never heard anything from them again so the judgment shows un satisfied not sure if it just went away because the company got sold or what
Existing judgments generally will not just go away. If you do not hear from anyone about collecting what is still owed on the judgment, it can appear that way.
I would contact the LA Fitness billing department and see what they can tell you.
It may help you to read over my article about settling and paying judgment debt.
My husband has a old judgement on his one credit report. It is over 10 years but received confirmation of a renewal recently through our local court. He was unaware of this until he received the paperwork from the court. When he ran his report, the two showed he had a score 650+. We did not run all three. When he applied for aVA loan it came up on the third report. The original judgement was approved for garnishment of his state taxes to pay the original debt. After several years of not getting his state taxes, he assumed the debt was paid or at least pretty close to settle. The original loan was for 4000. We sent an offer letter to settle and they stated he had to call to settle. When he did this they told him the pay off amount is over 9,000 but they would settle for 8,000! How can this be? He requested the paperwork to prove this figure, the refused and said we had to request this in writing, sent by registered mail. I am doing this now, but my question is can they do this and what can I do? Thanks for any help you can offer.
The balance on many judgment debts is growing from interest set by the court. The interest allowed to accumulated on judgment debts is often capped by state law. Many states cap at around 10%. That can make a debt more than double after this much time.
You could probably get a better settlement than that. Call me for a consult if you like at 800-939-8357, choose option 2.
I have a question about how to handle a judgement on my record. i had an account with chase that was charged off back in 2009 when i fell onto a difficult time being pregnant on bed rest & we ended up losing our home in the process as i was unable to work. they sold it to midland & in process turned into a judgement in 2011. It states on my credit report that the chase (Original creditor) reporting should fall off my report this year. i had contacted a local law office who asked me to find proof i was gone on day they served me papers as i do not recall being served but it was so long ago and not sure i can find something to prove that this far out. i heard that if i contact midland that they will then begin reporting it as of the time i contact and pay which could draw out the statute of limitation on reporting. what is the best route for me to take to resolve this issue? do you have any attorneys in orange county california that you can refer me to? my score is around 690 right now even with the judgement on it. i was able to get a few credit cards this last year and the reporting on them is excellent – always on time and always pay more than the minimum. we eventually would like to be able to purchase a house again someday so i would like to resolve this judgement in whatever way would be most beneficial to my credit report. naturally midland keeps hiking up the amount but i have not been contacted by them in some time and nothing has been levied as of yet. we have a large family and under a tight budget so not sure how i would come up with the $ to pay them but again want to know what my options are to handle this with the goal of eventually being able to purchase a home one day again. thank you for your time! i appreciate any tips you can give…
What you heard about Midland Funding setting a new credit reporting date after you contact them or pay them is wrong. If that did happen it would be a mistake and easily fixed.
I can help you consider the best next step given your goals. You can reach me at800-939-8357 and choose option 2.
My bank account was recently levied for a judgement. In the state of MN, 25% of your disposable income is all that can be taken for a work garnishment, is this the same for a bank garnishment? And who determines how much of my money is protected? The bank told me that they don’t determine how much 25% is, so who does is my question? They took $921 total, can they take all of the money in my account? I have no exemptions but who do I live of they take ALL money in my account every chance they get?
What is the judgment about? Who is the plaintiff that sued, and the collection attorneys levying your bank account?
Generally, Minnesota protects deposited wages from bank levy. You will want to connect with an experienced debt collection defense attorney and discuss your rights.
Michael
I have an Advanta account listed on my credit report. The account was closed and charged off in 2007.. It was then reported again in 2010 that I made a payment. My question is should it drop off my credit reports 7 years and 180 days from 2007 or from 2010? If it is 2007 should I dispute it? Thank you . I took yours advice about the judgment being satisfied and the credit bureaus have already marked as satisfied.
Hello Michael,
I too have a judgment on my credit report. The judgment has been paid in full, released, and satisfied. I called and talked to reps from TransUnion and Equifax and quoted the last paragraph on my released letter stating that “The above tax judgment having been settled, cancelled, and/or satisfied, the same is hereby discharged upon payment of the court costs by the defendant to the Clerk of Courts.” I also faxed this document in and they removed it from my report. Experian will not remove it and I do not know what else to do. What can be done in my situation?
Paid tax liens can stay on your report for 7 years. How long ago was this resolved? What type of tax was this?
Hi Michael,
I have a judgment on my credit report dated 12/2008. I have done a research since my sister and I have the same last and first name (different middle name). This record comes with my sister’s middle initial, unfortunately during the time Capital Bank filed this claim I was out of State married to a Military guy so I didn’t know I had to appear on court neither a case was open.
On the case says “estimated month and year this item will be removed 8/2015”. Do you think I should appeal the court to remove this from my file or just wait until it get removed?
This judgment was filed in Florida.
Thank you for your time and help
The judgment will still be there even though it does not appear on your credit reports. It will still prevent you from getting a home loan approved etc.
You will want to attack this at the source, which is through the court. If it were me, I would definitely petition the court that this be removed. I would suggest talking to an experienced debt collection defense attorney. If you need help locating one, post the name of a large city near the court in Florida the judgment is entered. I will send you an email with contacts to any I know in the area.
I have a judgement on credit report since 2004, it was from when I was young and working full time and going to school full time. Obviously judgement do not fall off. It is through the circuit court. I have the money to pay it off in full, but does that hurt or help my credit at this point. It’s 10 years later and I am slowly rebuilding my credit but this thing just lingers over me. Thanks
What is the judgment the result of (the underlying debt)?
Who is the judgment creditor?
Typical judgment debts for most of us stay on your credit for 7 years. The debt is still collectable and with legal options to garnish wages, levy bank accounts, and lien property, so you will still want to resolve the issue, but the credit reporting after 10 years is odd. Call me to talk about this some more before you go to pay it off if you want. I can be reached at 800-939-8357, choose option 2.
It was for a line of credit at at a bank, The bank is the creditor I would assume, credit report is showing its with the county court office. I will definitely give you a call.
That is not a scenario that should last more than 7 years on your credit reports. Something is up. If you get my voice mail be sure to leave a message. I am often tied up on the phone.
Thanks Michael,
I just double checked my credit report, and apparently they didn’t file until 12/2008, even though the loan went bad in 2004. so it won’t be removed until December of this year (15).. I am assuming based on your previous response to another person, I should still look into getting it taken care of even if it will removed this year? Do I contract the courts or the original creditor?
Yes, you still want to resolve judgment debts even when they are too old to show on your credit. They still can be collected on and with legal options such as wage garnishment, bank account levy, and property liens, all will vary depending on the state you live in.
You will likely be dealing with the collection attorney if they still have the file, and not the court or the creditor. Really old judgment debts may not be with the attorney anymore, or with a new one.
If you need help with strategy, let me know.
Hello Michael,
I am a 100% disabled veteran, only receiving VA disability. Asset Acceptance sued me for an old HSN bill (that was originally $653.00). Sadly, I was battling health issues and was unable to show up for my hearing. Not surprisingly, a default judgment (now ballooned to $1000.00) was entered against me in 2012. Since it’s too late to try and vacate the judgment, I corresponded with this shady collector via email and presented them with a copy of my total and permanent disability paperwork from the VA. They responded in writing that they were “ceasing all collections activities and would be filing the appropriate dismissal paperwork with the court.” They know I am judgment-proof, so in exchange for Asset to file paperwork to vacate the judgment, I am offering them $100. Basically, the money is a carrot for them to file the paperwork. They know they aren’t going to get a dime otherwise, and I can “wait” for this small judgment to eventually be removed. Asset is one of the WORST collections agencies out there and their practices unscrupulous.
What are the odds they will take the money and file the paperwork. (everything will be in writing, of course)
Any further advice would be helpful. (and yes, I can prove I was at the VA hospital on the hearing date, although one attorney told me it’s mute at this juncture).
Kind regards,
L
Can you clarify or confirm the following:
Asset stated plainly to you they would be dismissing the court action.
If they told you they will be dismissing the court action than they will likely do that. You would not need or want to offer them a carrot of $100.00 to remove the judgment from your credit reports. That shows a willingness and ability to pay. They are agreeing to cease all collection and drop the judgment because you meet the criteria for them to do that.
I should point out that while you say Asset Acceptance is the worst ever, they are one of few debt collectors that will openly state they cease all collection activity, and even legal actions, when someone meets their definition of being non collectable. I only know of one other debt collector that states this policy publicly and they are owned by the same parent company as Asset Acceptance.
Hi Mike-
I had a judgement filed against me from a furniture company in VA Beach after losing my job. I was working temp jobs and paid when I could. I moved back to MD with my parents and made sporadic payments. Although I made a payment in October 2014 my account was still past due and a judgement was filed in November 2014. I did not get any notice of the court date because they sent it to my old address. i found out about it in January 2015 when I received an alert from CreditKarma. I called the company and set up a payment arrangement. I asked for the arrangement in writing and my representative sent me an email outlining the payment arrangement. A month later in February after my first payment was drafted from my account I called to make sure they received it and that all was well. The company then said that after the payments would be made that it would not clear my balance and close my account. I referred to agreement in the email sent in January and they honored it. The judgement is still on my credit report even though i have paid it. I am trying to figure out how to get it removed because I would like to buy a home. I have done some research and found a form on the court website called MOTION TO SET ASIDE DEFAULT JUDGMENT. On the form there are reasons listed for why the judgement should be set aside. I am wondering if the reason “an accord and satisfaction (attach proof).” would be work if I attach the email and showed proof of payments, OR is the accord and satisfaction only for actions taken BEFORE the judgement was filed. If I am grasping at straws here is there anything that you can suggest that I do to try to get this off of my credit report. 7 years is a long time to have to live with my family until my credit is worthy of a home mortgage loan.
Thank you in advance!
Is the judgment at least updated to show that it is paid or satisfied on your credit reports? If not, you can dispute that with the lender and also with the credit reporting agencies.
You will not likely be able to set aside this judgment for any of those reasons. But it will not matter. A paid judgment will not hold you back from getting a home financed using FHA underwriting standards. If the judgment were unresolved you would be declined today, but yours is resolved. Make sure it shows that with the court and then with the credit bureaus.
What are your current credit scores?
Thanks for the response Mike!
My score on CreditKarma is 527 Transunion and 526 Equifax. On Credit.com its 626 and my Vantage is 537. The judgement is not showing as satisfied on my Equifax. .Why is there such a big difference in my scores and which one is most reliable. I have old medical bills that I am paying off. I put myself on a 6 month pay off plan which I have been following and I am currently on month 4.
Thank you!
The wide variation in credit scores will often be sue to different information being included in each, and also the scoring algo used. The new Vantage score does not factor in paid collections for example. Paid medical collections will not factor in as heavily with FICO is another.
I would start with making sure the judgment is updated to show paid satisfied with all of the bureaus, and then start looking for any other inaccuracies or out of date incomplete info, and attack those next, and try to have all that cleaned up by the time your medical bills are paid off. Once you have all of that done you will begin to see a clearer picture of where you are at credit wise.
Thank you for the quick response and for providing me with a plan of action. What would be considered out of date information?
Accounts that have a derogatory nature that are more than 7 and one half years old; an address you never lived at; employer information; mortgage loan servicing is not updating correctly have changing hands… all are some examples of things to look for.
I have a judgement that I have been making payments on but I can’t afford to keep up on the payments. I’ve expressed this to the collection agency but they say I don’t have a choice because they are not willing to change the payment amount. I told them I would work through a credit counseling agency they told me it doesn’t matter because they won’t take less than $375 a month from them either. They already have access to my bank account and are not threatening to levy my wages. I can’t keep up the payments at $375 a month, what can I do? I offered a lower amount to pay but they will not accept a penny less than $375 a month. A collector once told me that as long as I send them something per month there is nothing they can do, is this true? And what options do I have as far as getting a lower payment amount per month?
They do not have to accept the amount you say is all that you can afford.
Whoever told you that as long as you send something, they cannot do anything, did not know what they were saying. That is simply not true.
Let’s dig in and see what you have. Answer the following questions and lets go from there:
Who is the collection law firm that you are dealing with?
Who is their client, or the named plaintiff?
What state are you in?
What was the balance of the judgment, what is the total amount still owing?
What all has occurred recently that is going to prevent you from making the payments you already have set up?
The collection agency is Messerli and Kramer in regards to a judgement from Capital one bank in the state of MN. the original amount was about $4100 or so and we are now down to $2800. I could NEVER afford the payments my bank account keeps going negative and I get charged with over draft fee’s. I have pointed this out to Messerli and Kramer but they refuse to budge on the amount of $375 per month.
I would stop the payments if it were me in that situation. I would probably re-approach them shortly after the date for my prior payments had passed and negotiate a new lower payment (so that I could remove any fear of lien, bank levy, or wage garnishment). Either that, or somehow pull together roughly half the amount still owed and see about negotiating a lower lump sum pay off.
I could possibly come up with a lump sum and negotiate the remaining balance. It would put me in a tight financial bind for a couple of months, but it’s better than having to deal with them. How much do you think I could get it dropped down? The judgement expires in 2017, which is why I think they are pushing so hard and the original credit limit on the card was $2500
Connie – are they threatening to garnish your wages or not? If so how much is your weekly pay?
My targets for settling judgment debts are often 50% of the balance owed at the time of negotiations. There are reasons this target will go up or down. Having just come off of regular payments, and unless payments were ceased due to hardship, it could be good to be prepared to pay 60% of what remains owing.
Michael
I have paid off a judgment and I have recorded it with the clerk of the district court. Do I need to send
copies to the three credit reporting agencies?
You could send a dispute to the credit bureaus with the documents (use certified court copies) to support that the judgment is satisfied. If you do, send the letter and supporting documents via certified mail return receipt.
If you are not in a hurry to get your credit reports updated (close on a home or other financing), the credit reports should update in the normal course, which can take a month or two.
If it were me, I would send the disputes showing the judgment is paid, even if I was not waiting some credit transaction.
Thank you so much for the advice I will try it that way. My husband has a credit card currently at 1700 with a 3000.00 limit. Is it better to pay that down some so the utilization is lower before tackling mine. Since we want to try for the house in December? He is currently at 615 for his mid score. Im thinking if we save the 800.00 to use it for his cc bc thats what is gonna get us closer to having the house than tackle mine. Would it make sense to get to the judgement after medical bills? The medical bills are split up from different places and dates. But are all more current than the judgement.
You could pay down his credit card, but run that by a mortgage loan officer (might be a good idea to start working with one now).
You could leave the judgment lay until the medical bills are settled. How many separate bills are there?
I have a judgment listed on my credit report to a state agency for $443, with a court address listed. However, when I attempted to contact that state agency, they sent me to a collection agency that the debt had been sold to, who now demands $3200 to satisfy the debt. Is it possible for me to pay the $443 judgment amount to the court to satisfy the judgment? Or do I have to pay the collection agency the much larger amount? The folks at the state agency office claim that I can no longer pay them in order to satisfy the judgment..
How old is the judgment? What state are you in? What interest did the judge set on your judgment? Who is the debt collector you are now dealing with? What was the original $443.00 about?
It’s from late 2009 in California, but I’ve lived in Washington since that time. It was from an income tax return overpayment that I foolishly ignored at the time.
I don’t know what the interest rate was set at by the judge – the last notice I received simply said that an “automatic judgment and tax lien” would be filed by a certain date, and since then the only record of it that I have is on my credit report.
I’m actually not sure of the debt collector’s name either – when I call the payment hotline given by the state, it redirects me to an automated recording that just says “Debt Collection Services” and gives the amount owed along with payment options. I’m not even sure how I would contact them other than sending a letter to the address given in the phone recording. There are no options to talk to anyone, etc.
The amount is likely being inflated based on an interest and/or penalty that is set for judgment debts, or that may be applied based on state legislation for debts owed to the FTB.
You could send a written request for a break down of the amounts owed, but you could also look up the judgment in the court record (probably free access on the court website) and see if you can tell from the judgment entry documents how the math works out to such an inflated amount today. It is not uncommon to have tax debts inflate so much.
If it were me, I would do both.
You cannot pay the court the original 443.00 to satisfy the judgment. That is the base judgment amount and would not satisfy what is owed today.
Does the recording you heard, or anyone you spoke with, directly tell you that your debt has been sold off, or refer to a debt collection agency name?
Thanks, I’ll try those two options.
The recording doesn’t explicitly say that it has been sold, but the person I talked to told me that I couldn’t pay her office because it was “sent to collections”. I suppose that could just mean a separate department or something and not a separate company. She just referred me to that automated phone system.
Hi my husband and I would like to purchase a home by Dec. or early January. My credit is pretty much shot. His is up and coming I suppose. We would like to use his credit but since we are in TX I know he needs to qualify holding my debts. So I want to clear up as much as possible.
510 Experian 488 Transunion (539 as of today) 542 Equifax (536 as of today) He did just add me to his capital one credit card as an authorized user. I believe this has helped my credit go up some from the time this was pulled.
I know the credit card utilization brings me down. Which the limit is 500 and it’s at 230 currently so I can bring that below 30%, how much will that help? Payment history is very poor as I haven’t had any accounts to pay I guess. I have medical debt and student debt currently against me. I am in a repayment program for the loans in July I will be eligible for deferment I believe. Will this affect my score any? I have 19 hard inquiries on my report and 1 judgement (a chase cc I think from 2006) the file date is 07/2010 which I know is hitting me pretty hard. What’s my next step? What will bring my score up the fastest and how do I get this judgement off. I don’t really have the money to pay it (1600 is the amount I believe) but I need it gone. I am concerned that it will just renew if left unpaid.
If you are going to be part of the approval process for a home loan you will need to resolve any unpaid debts before then. That means settling the judgment and getting it updated with the court to show satisfied.
How much is the medical debt in collection on your credit reports?
Do not apply for any more credit (create any hard inquiries).
How much are your student loans, and is it that your loans are coming out of default, and you will then be able to defer? What will the deferment be based on?
We plan to use only his credit for the home. Will the judgement fall off in 2017 as in no longer affecting my credit?
The medical debt is 1,496.00 and student loans that are past due are 30,905.00 they will be out of default after the 10th payment and yes then I can defer. Deferrment for economic hardship.
Getting your student loans out of default will help that part of your credit reports start to heal.
The judgment may not appear on your credit report after 7 years from the date of entry in the court, but it does not go away. It can be located through the public record, and can still be viewed by potential creditors. This fact can mean that unpaid judgments will hold you back from credit goals, while not necessarily holding down your credit score.
Judgments can be settled for less than the balance owed. Can you come up with half?
Medical bills can be settle for less in some circumstances too. How old are the they? Did insurance cover any portion?
What kind of credit goals? Even if my score is higher I would still be unable to obatin credit? No I couldn’t come up with half anytime soon. The medical debts range from 2010 up to 2014. I was under my mothers insurance up until the end of 2012 so I am not sure about coverage at that time. I also had medicaid coverage through that time as well. I wouldn’t even know how to go about determining what’s what. Would i call each creditor and set up arrangements?
You would contact the current debt collectors on the accounts to resolve them. I think you have a shot at negotiating the judgment debt for half-ish based on your current financial situation.
If it were me, I would save up to settle the judgment with a lump sum offer first. After that is out of the way I would approach the medical bills the same way.
Its 8 to 10 different medical bills.
You can work to settle or pay those one at a time as money comes in too. Keep me posted on your progress.
A debt (which I do NOT own) went to collection in early 2010. On 04/24/15 I had a judgement filed against me. My court file has a “Certificate of Service” but the stated serve date 04/05/15 is incorrect. FYI, I have not responded to the notice.
Goal: Get this completely removed from my credit report AND public record. I am willing to pay IF it will achieve my goal.
Why: I am planning on leasing a car in 2 months. And I am pursuing a career in the financial industry (taking Series 7 and 66 soon).
Question: What are my options? What is the best and worse case scenario?
Can you be more specific with some details about how this is not your account?
How off is the date off service filed with the court (an inaccurate date is wrong regardless, but I do want to understand how much of swing there is between the dates)?
You will often find you need to petition the court formally in order to vacate or set aside the judgment. If your scenario is just way out there, and should have never happened had the debt collector understood the facts, it is possible to get a collection attorney to do the right thing and dismiss the suit, but post answers to those questions and lets go from there.
Hi Micheal.
The collection account is for a medical bill and at the time of service, I had full medical coverage, When I checked into the hospital, I gave them all my insurance info. Several weeks later, I received a bill in the mail from the hospital showing I owed the full amount. I called the hospital right away. I gave them my insurance info (again) and the person I spoke with said they would apply my insurance and that my balance would be adjusted. So…. the hospital did NOT apply my medical coverage.
I searched ALL my records to find my insurance info, but I couldn’t find it. During a move to a new home, some boxes got lost.
As for the date, it was off by a few days.
Questions:
1. Since a judgement as already been made, does that mean the collection agency is going to garnish wages from my paycheck?
2. Since I cannot find my insurance documents, I’d like to resolve the matter and remove it from my credit report and public record. If I call the collection agency, would they even be able to remove it completely? I am willing to negotiate a payment to resolve this ASAP.
3. Is there a another number to call? I tried calling the 800-939-8357, but I was not able to speak with anyone. Or is there a preferred time to call?
THANK YOU SO MUCH!!!!!!
Not being able to find your insurance information is not a good reason to roll over on this. How much is the bill total?
The hospital or medical service provider should have your insurance on file, you could coax it from them perhaps. Was it an employer that provided coverage, they will be able to get you the info you need. If private coverage, your bank records will reveal the name of who you paid, and a quick search will provide the contact information you need, then you call and they look everything up by your social security number.
A debt collector will not be able to undo the judgment. That is something that the court has to be involved in, so it is a formal process.
I would really want to get to the bottom of this. Why not respond with all of this through the court process?
You can call the debt relief hotline and reach different services for different needs. Option 2 will connect you with debt settlement experts, sometimes even me. If no one picks up you have to leave a message if you want a call back. Everyone that is connected to the hotline will have set hours. 9 to 5 weekdays are a safe bet for calling times.
Whether, and for how much, you could be garnished is based on state law. Where do you live?
I am working on cleaning up my credit in order to buy a house. I currently have two positive lines of credit, car payments and a furniture company that reports to my credit, I have one card paid off and closed, and I have 4 student loans I am making payments on. Out side of that I have 6 medical bills ($11000) and one judgment from an apartment complex ($646) My credit score is currently now 501, I am looking to have my credit score up as soon as possible to be able to purchase a house next year. Where should I start? How should I handle the judgment that is from 2011? I have been doing my research and am really torn on where to even begin. I’m in Dallas Texas. Thanks for your help.
When were the medical debts created (date of services)?
Did you have insurance, and did that cover any portion of the bills?
How much money do you have in reserve currently in order to resolve the debts?
I have an old judgement that was with citifinacial in 2008. The account was then sold and I ended up paying the collection agency portfolio recovery associates. My issue now is no one filed a satisfaction letter with the court so it is still showing as a debt on my report. I contacted portfolio and they said since they didn’t file it they were not responsible for the satisfaction letter. It is also impossible to get ahold of the legal department at citifinacial unless you’re a lawyer. They citi and port are reporting 0 balances but not the court. So my question is who is responsible for filing it with the court and will I need a lawyer? Thanks in advance
I am not entirely sure it would not need to be Portfolio Recovery Associates that would need to update the courts. When was it you spoke to PRA and they told you they are not responsible?
You could also file a motion with the court yourself in order to get this all finalized. I would encourage you to work with your own attorney if that is the direction you take.
Hi I have judgment for 4000.00. It was incurred under my maiden name. So was the debt. My mother-in-law and my husband pulled some money together to buy a car so my 16 yr old could learn to drive. The car was put in my name. The title hasn’t come yet. Can someone come in the middle of the night and snatch this car from my driveway? The price paid was 5400.00. It should have been in my husbands name but because I researched it test drove it etc the day we went to pay for the car the bookkeeper had a a 3 inch thick file with papers I signed in triplicate with only my name on it even though it was requested it be put in my husbands name time was a factor (had to go to work). The title hasn’t even come in the mail yet and I am loosing sleep over this.
What state are you in?
How old is the judgment, and when was the last affirmative collection effort made by the judgment creditor?
You will have time to transfer the title to your husband through the DMV.
Hello,
i have a judgment against me from 2005. i am currently making payment/settlement arrangements with the creditor to avoid garnishment. i have not yet made any payments, and know to get an agreement in writing BEFORE paying them anything. i live in texas so they cannot garnish my wages, but i have only just begun to try to rebuild my credit, and i am trying to avoid having my bank account frozen.
my question is this – since it has been over 7 years since the judgment was filed, am i correct in assuming it no longer appears on my credit report? and when i start making payments to satisfy the judgment, will that affect my credit score? once the judgment satisfaction is filed with the court (many years from now, most likely), will THAT impact my credit score in any way?
i know that even if none of the above scenarios will impact my score, this judgment will follow me around for the rest of my life if it is never satisfied, so i am trying to deal with it now as best i can. the amount of the judgment is $10,834.65. The creditor (a large, well-known bank) is asking me to propose a payment plan that includes a down payment and monthly payments. they also told me i can propose a lump sum settlement at any time.
do you have any idea what they might expect for a monthly payment, as far as a percentage of my income? they have asked for my last 2 tax returns to support my proposal amounts. i plan to enter into a monthly payment agreement, then make a settlement proposal next year when i get my tax return. to further complicate matters, i have been filing taxes jointly with my child’s father but i left him recently, and we have not yet begun the process of divorce, and i have no idea when i will actually file. he is unpredictable, and i dont want to pursue without legal representation. i have spoken with a lawyer, but have not been able to get together the retainer fee. How will our filing jointly status affect how they will determine if my proposal is acceptable? or does it matter at all?
mostly, though, i am concerned about how all this will affect my credit score, if at all.
The judgment should not be on your credit reports 10 years later, but check to make sure.
Your payments, lump sum settlement, or update to the court record to show a satisfied judgment will not re-list the judgment on your credit reports, or impair your credit.
I need to know the name of the judgment creditor and the collection attorney handling it in order to offer anything like the feedback you are requesting. You are welcome to schedule a phone consult if you are unwilling to post who those companies are. Send me an email (same address you get these comment notifications from) and we can schedule something.
Hi Michael,
A judgment was entered against me in Illinois back in 2011.
Once I paid the awarded judgment off, I received a “RELEASE OF JUDGEMENT” from the prevailing party’s Attorney.
Is a Release of Judgment any different from a Satisfaction of Judgment or a Vacated Judgment?
If so, how can I have it removed from Credit Report?
Thanks in advance
It is the same for the most part. You cannot use it to get a judgment removed from your credit reports, but could use it to get your credit reports updated to show the judgment is satisfied if need be.
What are your current financing goals that have you concerned about the judgment being on your reports?
Thanks for the prompt reply Michael.
My current goals are to purchase a new home within the next 2 years.
However, because of the judgment on my file I may have to wait until 2018 to have a high enough score to get a good interest rate. Meanwhile I will continue to save $ and have an even bigger down payment on a new home in the future.
Also, how much of a hit is a judgment worth on credit score points wise even if it is shown as paid in full?
What are your credit scores today?
How many open and current accounts are showing on your credit reports (car loan, credit card, student loan)?
Unfortunately I have 2 judgements against me one from Capital One Bank for $4,000 and another from Midland Funding for $1,356, they are both being handled by a collection agency here in Minnesota. I am currently making payments on both of them. The larger judgement from Capital one comes off my credit report in 2017 but the one from Midland Funding doesn’t come off until 2019. My question is how long do I have after the judgement to go back to court to try and have them vacated? Or if I just pay both of them off but they remain on my credit report, how much will it impact my score? I want to buy a house in the next couple of years but of course with judgements it’s impossible to do so. In 2009 When my Capital one card got charged off I was pregnant and on maternity leave with limited income. I should have done something at the time but I was dealing with a becoming a new and single parent. Now I’m trying to get everything straightened out and just need an idea of what I can do to get this removed. Not to mention I’m paying $450 a month to get this resolved, I can’t afford it but I feel like I’m being bullied because when ever I can’t make a payment they try to withdraw from my bank account. Please help!!!
It is very rare to make any effort to try to vacate judgments that you are making payments on. What would be the premise for you to attempt to get the judgments vacated?
If you pay the judgments off, your credit reports will be updated to show they are satisfied. You can still get home loans, car loans and other financing approved when you have resolved judgments on your credit reports.
How much is going toward each judgment?
$375 per month for the Credit one and $75 for HSBC. Credit one will be paid off in about 8 months.
Sorry meant to say Capital One and Midland funding. I get mixed up because I have 2 cards with credit one bank that are in good standing
I’ve read some of the other comments and replies and it has become evident that vacating the judgement will most likely not happen. I have other items on my credit report, some I negotiated the amount and settled and some not paid. Most of them are close to the 7 years and coming off in 2015. Can collections show up on your report again after 7 years if resold?
The limit to 7 and one half years of derogatory credit reporting does not reset in anyway when collection accounts change hands. But you do need to monitor your credit to be sure all items are deleted at the right time. Debt collectors have a bad habit of adding more recent dates when credit reporting. You have to catch that and dispute collections off your credit where necessary.
Hi Michael,
I hired a lawyer to negotiate my judgement (thanks for the recommendation!), and he negotiated it down to ~40%. I have a signed agreement with creditor:
“This letter will confirm that We will consider the above account SETTLED IN FULL for the sum of $xxxx, contingent upon clearance of payment”
It’s all good, but then my lawyer asked me for $400 more if I wanted to have this judgement dismissed vs. paid. It’s been more than 2 months since then, the judgement status is still unchanged in both court record and credit report and lawyer stopped responding to my messages. Any advice?
It’s FIA Card Services. The Law firm is Harris & Zide
What you are saying is a little odd to me Serge. Can we connect on the phone so I can get into the details better? You can email a good time and number to call (my email address is the one you get these comment notifications from).
Hi Michael – I had a judgment placed last fall from an old credit card balance. The total was $1300, I agreed to pay it via the debt collectors lawyer in full. They’ve since sent me a letter for my records stating that I paid it off completely.
Today when I check my credit karma report, it shows the judgment and under status it just shows ‘Filed’ not paid or satisfied. Any suggestions? My credit score is right around 690 and I am trying to get into the 720’s as I am trying to purchase a house this year.
Any info is appreciated. (I am in New Jersey btw)
Thanks!
Who was the creditor or debt buyer that sued, and also who was the collection law firm? Also, have you checked any other credit reports other than the free ones like Credit Karma offers?
I would look up the court record itself to verify whether the court is shows your judgment as paid/satisfied.
Let me know what you find out and lets go from there.
It was from Arrow Financial SRVC, LLC. & The law firm was ‘Fein, Such, Kahn & Shepard, P.C.”
No I haven’t checked anywhere else besides credit karma.
Thanks again
I have a judgment on my credit report, I called the courthouse, they told me that the it has a default judgment entered, that I would need to contact the Law Firm. Once I get in contact with them I want to be able to pay them in full. Will it be the law firm that will report full payment to creditor and courts so that I can have this judgment removed off my report. I am trying to buy a house and this is the only thing keeping me.
Once the court is updated by the law firm that the judgment is paid and satisfied, it can take some time for the data aggregators to pull your courts records and upload that to the credit bureaus.
There are ways to expedite that, so be sure to get anything you agree to in writing if you need that to push things along. Also be sure you get any proof of payment you make.
Is there any time limitation you are up against (for closing)? How much is the judgment for?
The bank has told me to get back in touch with them once this matter has been removed off report. The judgment is for $2964.00 plus court cost$30 and attorney fees 741.23 and post-judgment w/5% int. from date of judgment until paid. judgment was set back on June 2009 until now. Am I looking at a big interest cost?
State law will often cap judgment interest. What state are you in?
Lets assume your interest rate is capped at 12%. That is going to add a significant amount to the debt.
I would suggest trying to settle the debt for as much of a savings as possible.
Hello Michael,
I have two judgements on my credit reports. One is with Crescent Banks for a auto loan that was voluntary repo. The other is from an accident I had and was sued by Alfa Insurance. I have been disputed these for the past few years off and on and i have gotten Alfa completely off of my Equifax but it remains on my other two. The Crescent one just recently showed satisfied on my equifax even though i havent paid it, but still shows as a civil judgement on the other two reports. My wife and I are looking to purchase a home in March of 2016 so I need your help and advice. My experian is 626, my transunion is 619 and my equifax is 555. If I so happen to get these off of my credit report, will the bank im trying to get a loan from still be able to find out about the judgements? Do you think its even a chance to get these judgements off? Thanks in advance my friend
Yes, the bank can still find out about the judgments even if they are not on your credit reports. Those judgments are part of the public record.
No, I think it highly unlikely you will get all three bureaus to delete the judgments.
How much are they?
One is $15000 the other is $10000. And on one credit report one of the judgement says paid. But do all the banks look for judgements in public records if nothing is showing on the credit report when trying to get a home loan? And if so, then, is the only way to get a home is to pay them off? Thanks Michael
You would have to be lucky to get a home financed with a judgment unresolved out there. Public records are part of the loan underwriting process. The fact that you have two makes it worse.
I would not feel good house shopping next year only to have the place I would like to buy be out of reach come closing time because of the judgments. And as soon as your credit is run for a mortgage, debt collectors can see it, which can make negotiating after the fact harder and certainly more expensive.
You would be in a better position if you negotiated the debts now, when there is time to be strategic about it.
I would suggest you call in for a consult so I can dig as deep as I need to in order to help you come up with a strategy. You can set one up with me by submitting the consult form.
Hello Michael,
In 2010 my home was foreclosed on due to financial hardship. in 2013 I received $3,000 from the Independent Foreclosure Review settlement against several banks. I became aware that there was a judgement on my credit report after I completed 12 hrs of classes to obtain a certificate for completion of the Homebuyers classes for assistance in down payment and closing cost. The judgement is for a total of $8,000.00 for a central air system placed in the home foreclosed on. I am ready to purchase and do have a stable job and figure if im paying rent to another homeowner I can do it for myself. But to my surprise I was denied the loan because of the judgement. Can you give me some insight into what I can do.
Were you never served the lawsuit? Have you looked at the court record to see the address the process server lists for where someone was served? Is that an address you are familiar with? Was there alternative service filed with the court?
Short of finding a way to challenge the judgment, you may be looking at settling the judgement in order to progress with your home loan goal.
I disputed a judgment and it was deleted on February 12 2015 . Is there a possibility that can comeback and not anymore .
The public record is what is underlying the reporting of the judgment. If the bureau deleted it, there is a chance it comes back on your reports when the data local data miners scans the court records and pushes that information to the bureau all over again.
If you succeeded with the dispute the first time, you could possible succeed again. What was the basis of your dispute? What did you say in your letter or communication?
Were you able to push through the home loan you spoke about it prior comments?
I call the credit card company and they didnt have any records , I called the collection agency and told them I was never served any papers that it was not my account , it was my wife . I kept calling them asking them to remove the judgment then one day I called them and they searched and told me they don’t have any records . I called equifax and told them that , it was removed in 4 days , then TU removed it in 2 weeks . Then I applied for a loan to purchase home and I was approved and we have a house now . I have a feeling this judgment won’t comeback ever but if it does I am going to keep fighting it . It was a six year old judgment , I don’t know I just hope it never does .
Hi Michael,
I have a default judgment placed (collection). It is regarding a credit card. Amount $1,200.
They served but I was surprise for me because they said the defendants were me and john doe with my last name (which now I know is somebody that they don’t know the name – I didn’t know that before). They also said that it was a marital joint account. I didn’t have a joint account by that time.
I received a letter from the collector saying that they want to settle.
I don’t know if I should vacate (arguing that I was surprise because I didn’t know about john doe, there wasn’t filed number, I though was a scam, and my mother lost the papers and I wasn’t able to search about it)
I don’t want that they garnishment my wages when it hits the 30 days. I need to act fast, but I don’t know what is better: vacate or settle?
Another fact is that the same collector has 2 more collection for credit card (charge off). They served papers to go to court but I answered them denying it (around $17,000). They have not done anything else after that.
My goal is to increase my score (at this moment 620 in TU) and buy a house in around a year.
Thanks,
When was the date of judgment entry? What state is this in?
Also, how old are the accounts in collection (when did you last pay on them)? Who is the collector involved on these?
I have a judgement lien placed on my home from debt collectors that bought the original credit card debt and from a cancer clinics where I was being treated for cancer surgery that I had in 2005. I got a lawyer that contacted me at the same time that I got the letter that I was being sued, however his advise was since the surgery had rendered me disability and they could not garnishment there was no alarm. The cancer clinic I did not know had sued me until years later checking the county records on my property and noticed the liens,the clinic debt is 2400.00 and collection for credit card is 8000.00 even thought i disputed the amount without master card sent letter to BBc, all three credit bureau, No good!!
That attorney you spoke with did not do you any favors telling you to ignore this. Not when you have property that can have a lien placed against it.
What are your goals?
Michael,
I owned a bunch of real estate that dramatically became under water in 2009 and could not renew the loans. I was able to work out a deal with the buildings with only some late payments showing up on my report. My issue is that I stopped paying the utility bill at one of the multi family buildings at the time. One of the banks I was doing the workout with said they wanted the rents if they were going to work a deal so I complied. The Energy bill was for around $30k. I missed the court time by 10 minutes and they were awarded judgement against me for around $33k. One issue with the judgement was I was initially charged to $6k as a deposit that I was not given credit for. The rep who turned off the utilities threatened me and lied to the city to get them to break the door down in order to shut off the utilities. Oct 2016 the credit report shows this falls off. Would you wait to see if this just falls off ? My concern is they renew? Another concern is interest although no one has contacted me in years? Is there someone you can recommend or any other advice?
They will renew.
Fill in this debt help consultation form. If you are available today, put in the comment section what time. I will be who calls you back. If there is no good option to connect today, it will be someone else that you speak with next week about resolving this.
Thank you. Filling out now.
Hello,
I current live in NY and I have a judgment from FL, which should be removed from my credit repots in October 2015. With that in mind, I’m scared that Florida can renew the judgment. Is this possible? Also what state statue of limits do I follow, Florida where it was filed or NY, where I currently reside?
Thanks
There is a difference between a judgment being renewed on your credit reports, and the court renewal for the judgment to remain collectable.
Florida judgments are 7 year renewable (for collection purposes, not credit reporting).
New York judgments are good for 20 years (both domestic and foreign), both with a 10 year lien renewal. That is also for collection, not credit reporting purposes. And they would have to domesticate the Florida judgment in New York.
If it is your credit reports that are the main concern, you may still have to worry about an unpaid judgment lingering out there before you can realize different types of credit and financing goals, regardless of whether the judgment still appears in the public record section of your credit profile.
Hey Michael, Charles again. I know you’re probably sick of my questions by now.
To refresh you on my situation, I’m the guy living in Florida for 7 years who recently got a hold put on some of the funds in my savings account by an attorney for a default judgement filed against me. The judgement was filed in New York 10 years ago. The judgement, new collector, and the attorney collecting on behalf of them are all in New York. They also have not yet officially collected. The funds are still on hold.
I see you have someone with a similar situation, except they’re in New York, and their judgement was in Florida. You replied to them and said that the Florida judgement would have to be domesticated in New York. Does it not work the other way around? Because I now have every piece of paperwork on it, and they didn’t domesticate my judgement before putting the hold on my account. Should I confront the attorney about that?
The other thing I was thinking about was that my account is in a national bank (Wells Fargo). Is that why they were able to do it, because my bank has branches in New York?
Thanks once again,
– Charles
It would work the same way from NY to FL for wage garnishment, property liens, etc., they would generally need to domesticate the foreign (to the state) judgment.
Did you open the Wells Fargo account in a New York branch office, or in Florida?
I think your situation is worth talking to an experienced FDCPA attorney about whether there are collection violations that can be pursued.
It was opened in Orlando, FL. About 2 months after I moved here. I literally never had a bank account before that. I tried talking to a consumer lawyer here, but he said I had to talk to a NY lawyer because the judgement was in NY. I called at least 5 lawyers in NY and non of them really wanted to help me, mostly because the judgement was so old, and because I was out of state. One of them told me that he could try to take care of it, but I would have to pay him “around $1,500”, and there was no guarantee that there would be a positive result.
And you have searched for your name in the court records in your area and found nothing about this?
Yes. The lawyer that I spoke to here actually did me that favor. Nothing turned up.
The new collector is Palisades Acquisition btw. Since this all started I’ve been reading many many articles and comments. Their name and especially their ‘unorthodox’ tactics come up quite often.
I’ll look into the judgement domestication further and let you know what I find..
I checked again (myself this time). I searched my local court and all surrounding counties. The only thing that turned up were a couple of automobile violations that I took care of long ago. Nothing judgement related. I bit the bullet and called their attorney’s office. I got (what I assumed was) a phone jockey. I threw the Domestication of Judgement thing at him, and he came back with kind of the same thing I was asking you about before. He said if they wanted to garnish my paycheck through my employer or something, then they would have to. Since there was enough in my bank account to cover the judgement, and because my bank has branches in NY, they didn’t have to. This is what the guy told me. That doesn’t at all mean that it’s true. I have to mention that at that point he also offered me a chance to satisfy the judgement for less money. I didn’t really understand this considering that they already have the full amount on hold from my bank account, and are really close to getting it all. I didn’t admit or agree to anything. I told him I had to talk to somebody before I was going to make any kind of deal. He started to get pushy. He started telling me that the best thing for me to do would be to settle it right then. I broke it down to him. I said, “Look, you already have my money on hold, you have all of my contact information, and you have ME calling YOU to discuss this matter… I’m not going anywhere. Give me a day or so to get answers to some questions I have, then MAYBE we could work something out.”
He told me I could do what I wanted, and that he would have one of the attorneys give me a call tomorrow. The conversation ended there.
I checked with an attorney resource of my own. They did not see a collection violation worth pursuing.
Hey Michael,
I found more on the subject:
“If you bank in the state in which judgment was awarded, the judgment creditor (the creditor who sued you and won a judgment against you) will petition the court to garnish your bank account and then ask the court to send a writ of garnishment to whatever bank they think you bank at. Think is the operative word here. They have to guess where you bank. They usually just have a writ of garnishment served on the top 5 local banks in your area—and they usually get lucky. Next your funds will be frozen and they will use this as leverage to get you to enter into some type of payment plan (most people don’t have enough cash in their accounts to satisfy a judgment). The lesson here is to bank online with an out-of-state bank.”
Hopefully this will be useful information for someone in a similar situation to my own.
– Charles
So just to verify if I don’t hear anything by 10/15 I’m out of the clear?
If I understand all that has happened correctly, that is the date the credit reporting agency says this will drop from your credit. But you are not in the clear necessarily. The judgment can still be found in the court record, and often can show up and prevent mortgage and other credit approvals. And for as long as the judgment is legally enforceable, you are at risk of extra ordinary collections like lien, levy and garnishment (as each would apply in your state, and if a judgment is domesticated).
Thank you!
Hi,
I had a judgment against me for £990. As the forms were sent to an address my family and I had moved from years before, and did not know the occupants so had no idea I was being taken to court until last month when I saw it on my credit score (Experian). I have paid that off now, I would like this taken off my credit score – I believe it’s unfair as I never got the court papers.
Can I get this taken off easily?
Thanks for the help.
Are you in the United States Beth?
No the UK, I know things are slightly different but finding it difficult to get any straight answers.
Check out this resource for debt and credit help and answers in the UK: https://getoutofdebt.org/free-uk-debt-help-and-advice
I found out in November by checking my credit report that liberty had filed a judgment on me and I had no idea what the judgment was about well after several attempts to contact liberty I got a hold somebody found out what it was about. Liberty has sold to another company and no longer owns this debt I have not heard anything from the courts, had not heard anything from liberty and have not heard anything from the new company they sold to but liberty still has a judgment with the courts on this debt my question is can liberty still keep that judgment in place even though they do not own the debt. I did contact the other collections company and requested some paperwork be sent explaining the debt and the amount owed that was in January and I’ve not received anything from them yet I am out of town working and unfortunately do not have the information of the other company with me. I would like to get this matter cleared up and get that judgment removed from my credit report I live in Utah. Could you give me some information on what I need to do thanks
The court keeps the judgment in place. Liberty has nothing to do with it at this point, and it will stay in place unless you resolve it through payment (settling for less works), or challenge it successfully for some legitimate reason (never served).
Sending the new owner of the debt a request for paperwork explaining the debt will not result in anything useful.
What is your goal with this account?
I should say… what is it you are looking to accomplish by getting the judgment removed from your credit reports (which is highly unlikely)?
I’ve been living in Florida for 8 years now. I’ve built my credit up to just under a 700 score. Not great, but I’ve made a lot of progress. About 2 years ago I started getting really proactive about it to the point that I check my credit report at least every other week, and there have been no judgements or collections on my credit report in that time.
Today (2015) I got paperwork in the mail from my bank stating that $4,652 from my savings account was put on hold by an attorney because of a judgement that was filed against me in New York in 2005. Plus from what I understand, 10 years worth of interest. I had my Mom go to the courthouse in New York to obtain a copy of my file and she was able to verify that the judgement from back then was legitimate. So they are collecting on it from me now, 10 years later, and several years after the judgement has already come off of my credit report.
If I owe it, I owe it. It’s going to hurt me financially, but it is what it is. I just don’t want it to harm my current good credit.
So my question is; when this is all said and done and the attorney finalizes getting the money from me, will this somehow pop back up negatively on my credit report? Or because the judgement has already come off of my credit report years ago, he just collects the money from me and that’s the end of it?
He collects and that is the end of it, based on what you shared.
I would look to try to negotiate a lower lump sum payoff on the judgment if possible.
Thank you so much for your reply Michael. I’ve been searching for the answer to this for almost a week now. I must have worded it a hundred different ways in Google and read a ton of posts before finally posting the question myself. I really appreciate your help and I think what you’re doing here is very noble. Credit and everything related to it is a mystery to most of us, and can be really scary at times. It’s great to have someone like you in our corner.
Thanks again.
– Charles
Hi Michael,
My husband and I are trying to purchase a home, we ran a report and found 2 judgements under my husband’s report from 2009 and 2010. How can we fix this issue? Any advice would be greatly appreciated!
Who are the judgments in favor of?
What are the amounts?
What state are you in?
Are you closing on the purchase soon, or just starting shop for loans and houses?
Hi Mike, I was wonderingif there isa way to remove a public record from your credit report? I had a civil judgement from TD bank to pay money I owed to the bank, and it resulted in my check being garnished for a few months until it was paid off. This happened in 2011, and I am still having issues opening up a bank account and the public record is still showing up on my credit report. Is there a way I can resolve this?
Does the judgment show as unresolved on your credit reports still, or is it appearing as paid/satisfied?
Hi , Mike . I have a Judgment against me filed on 11/04 /2009 In Washington state , I was sued by NCMI Corporation . I never knew about this , I asked NCMI about information on this and they told me it was about a credit card my wife had that she didn’t pay . I was not a consigner or authorized user or anything on this account . I never received a notice about this Judgment , I moved to Michigan about a year before ! I have asked them to remove this from my credit file but they have refused to do it . Recently , I call Equifax and open a dispute and this judgement was deleted from my credit file , I called Trans union about a week ago so I am waiting to see what happens . Reading the responses here this doesn’t treat the root of the problem but if I could get it removed while a purchase a home it would be great , later I would fight this with an attorney . What are my chances of winning and what are my chances of Trans union also deleting this ? Thanks
I do not think the chances are great for getting the judgment deleted by all of the credit bureaus, but it can happen, so cross your fingers and get the loan through before they come back on.
If you can show you were never served, and lived in a totally different state to boot, I like your chances of dealing with this. Would you like to consult with an attorney I know with the experience you need?
I was living in Michigan during this time , I have all the rent records and School records . I was living on Campus at a University . I would like to consult with an attorney and see what happens . So send me any information you have . Thanks .
I sent you contact information to an attorney that covers all of Washington. Call him and see what he thinks of all of this. Please post an update and let me know how you progress.
Michael , Judgement was deleted from Equifax in about a week after I contested it , it was never in Experian and Trasunion deleted it after 30 days from the date I challenge that debt . I challenge some late payments . Credit went from 587 Experian to 734 , Equifax from 601 to 685 and from 582 Transunion to 710 . Thanks for all the information here . I aply for a home loan today and everything looks good . I should have my home in about 30 days . Refinance a car loan , interest went from 12.86 to 5.93 .
That is fantastic Fred! Your update made my day! Good luck in your new place.
Hi I have a question about a judgment made against me by a credit lawyer and I am trying to pay it off in full and e mailed his office to pay him off? Do I pay the creditor or do I pay the court that I have the case number it is attached to? When I pay it off how do I go about getting it off of my credit my husband and I are trying to buy a home and this is the only thing holding us back, so I am trying to get it all settled. The original date was 8/20/2010 and there was garnishment of my wages does this make the amount go down at all? Do I request for the lawyer to have it removed off of my credit? Thank you for your time, also this is in Arizona
The lawyer nor the court is going to remove the judgment from your credit reports. The judgment on your credit is based on the public record. Unless you remove that, which is not likely, the judgment stays for 7 years. The fact that you paid/settled the judgment should result in the attorney filing a satisfaction with the court. That would update to your credit reports, and remove this as a home buying hurdle.
What are your credit scores right now?
Thank you for your reply, I am not sure on my current score but I have not made the payment on the judgment I am trying to pay it off and have my credit score go up, I am having trouble knowing how to go about paying it off, do I go to the court and pay it in full or do I contact the lawyer on the case? it has been Five years so will it be higher then what the court says it will be or less because they garnished my wages when I was working?
Each state sets their own limit on judgment interest. It is highly likely there is 5 years worth of interest accumulated on the judgment.
FHA type of home loan financing is often going to be based on a 620 credit score floor. That is why I asked.
I am a fan of trying to negotiate the lowest possible pay off on old debts. If you want to see how much of a reduced payoff you can negotiate on the judgment, call the lawyer. If you want to pay off the judgment in full, you can deal with the lawyer, or call the court clerk and ask about your options for paying the court directly.
Hello,
We won an appeal on a lawsuit that was won against us. Once the appeal board had given us the award, the attorney went back to the district court to try to get attorney fees. The lost that case also. Now we need to make sure this judgement is removed from our credit history. How do we do that?
Becky
What does the court record show about your case as of right now?
Great info. I have an interesting issue. I recently discovered I have a judgment against from Capital 1 from 2013. What happened is I have 2 other Cap1 cards between me and my wife and this one somehow got overlooked. My signed a summons (certified letter) while I was working out of town and never opened it. I assume it ended up in the trash and never was seen. The judgment against is me for $711. I have not contacted anyone other than to get the official court documents emailed to me, which all seem in order. I would like to pay Cap1 and have the judgment and charge off removed from my credit as this was not an intentional non-pay (though correct). I am looking to purchase a new home in a year and need the credit to do so. Any advice? Can I get Cap1 to do a pay for delete on the account and the judgment or somehow vacate the judgment even though its been over a year?
It will be difficult to get the judgment vacated if your wife signed for the summons.
Capital One is not going to do a pay for delete in normal circumstances, and this is an escalated collection, so any effort in this regard will likely prove a waste of time.
You can pay or settle the judgment and get the court record to reflect as paid or satisfied. If this Capital One account is the only negative on your credit reports (charge off and a judgment, so two negatives), but show as having been paid when you are out shopping for a mortgage, you may still be in good shape.
Are there any other collections besides CapOne showing on your credit reports? How about your wife’s credit?
around the same time I have a 120 day late on a mortgage from Nationstar which seems very inaccurate as I have never gone 4 months without paying. Im thinking of either challenging this one or asking nationstar for a goodwill adjustment. Other than that I have a few 30 day late issues over several years (4 in the past year spread over 3 accounts). It is of note that I also have a separate Cap1 credit card in good standing and so does my wife. As far as my wifes credit, she only makes $4,000 a year and has 1 credit card in her name in good standing. We share credit on a car payment that has a few 30 day lates. I currently make $70k and pay a mortgage of $1000/mo with no issues and only 1 car payment. Plan on keeping ccs under 25 percent for the next year and paid off monthly. Thanks for the fast response!!
You should be okay come home loan time, if you get the judgment settled or paid, and be sure that the attorney for Capital One gets the court record updated.
Make sure all payments are kept up on time from now until you close on the new loan.
I would definitely do something with how Nationstar is reporting that 120 day late. You have some time, so perhaps starting with the goodwill letter is not a bad idea. Post about the progress you make with this. I can help you further if need be.
Thanks. You have likely saved me a bunch of time. I absolutely hate where I live now and want to buy a $200k home and seeing this on my credit as a surprise has me panicking! My first thoughts were how to get it all removed but it seems that wont happen. Gonna have to do it the hard way….. I will update when I can on the progress. Thanks a million!
Hello,
I have defaulted on a credit card. I have the last statement from the original bank showing when I stopped making payments in 2010.. Sick with cancer and not expected to live, paying this debt was not my highest priority. The debt has been sold to LVNV per my credit reports.
Obviously I have survived but continue to collect SSDI which will be my income until I am not longer on this earth or it transitions into Social Security. The SOL will come long before this is an issue. I believe the SOL is 7 years.
I have not been sent anything by mail nor have they bothered me by phone so I have not sent a cease and desist /do not communicate letter. I did go to a attorney to discuss this several years back and he told me to just “forget it” unless I am contacted.
Recently I applied for a secured credit card to try to raise my credit score and I was approved. I do not have any large credit plans, just would like to have a better score than ‘poor’ to be able to rent a home. My plans are to wait out the SOL and then try to get the credit reporting agencies to take this off my reports. I have no money in which to barter with LVNV anyway.
Did I make a mistake in applying for a secured credit card? I also see that LVNV has added what looks like interest to the amount of the original debt too. Is that legal? It racks up to be about three thousand dollars over the original debt amount.
Thank you for your help.
What state are you in?
The interest LVNV adds may, or may not be legal. That would be determined by the contract you had with the original creditor.
I would not say you made a mistake applying for the secured card. It may have put an alert in front of LVNV, but it sounds like you are not collectable, so not to much to worry over unless you hear from an attorney licensed in your state. That would be a clear indication LVNV is ready to escalate their collection efforts.
WOW! You are quick to respond and I find your advice brilliant. I am very grateful.
I am in the state of California. I went to legal aid to get some help as I wanted to make this right but I am so below the poverty level it is impossible to consider this option. My home is gone, 401k gone…..all after a great career in Nursing. It was beyond my control. I had such great credit before this default of 8K. The default amount, is now over 13K, with all the interest applied.
I would like to build my credit and a well known bank approved a secured card for a $49 dollar deposit. I do not know if this had something to do with the small deposit amount but I had a card in fantastic standing with the same credit card company before I closed it. I was trying to put my affairs in order.
So I guess I slowly use this card, not going over 30% of the total limit, pay in full every month and hope 2017 comes and goes without hearing from LVNV. Would my family be responsible for this unpaid debt when I die if I do not pay it?
Thanks once again.
Being in California you are passed the 4 year SOL for LVNV to try to collect through the courts. You can basically tell them to pound sand with any collection efforts they make at this point.
You generally have to wait out the 7 year time limit for most negative entries to come off your credit reports. But attempting to dispute the item off now (as inaccurate somehow), would not cause collection fallout you couldn’t handle (they cannot legitimately sue).
You have not shared anything to make me think your family would have any responsibility to pay this collection after you pass.
Oh and the collection agency is SW Credit Systems Inc.
You can dispute this with the credit bureaus as a first step. If the dispute does not result in a credit report correction, or removal, I would file a complaint with the CFPB.
Before you do anything, get a copy of the report direct from the bureaus that have it. Verify that the account has been raged to stay on the report starting from 2013 (so not scheduled to drop off until 2020). Date open may just be the day SW Credit Systems received the account.
Hi Michael,
My husband has a few accounts in collections and when I look at his credit report the negative information is being shown by the original creditor and the collection agency. Is there anyway to get one of these removed? Also he has a judgment on his report and is currently making monthly payments based on the agreement established by the court. If we make a deal to pay this off will it be removed from his cr or does is a reporting of settlement pd sufficient?
Thanks, Alicia
Is the original creditor reporting the debt as a charge off, and a zero balance owed to them, while the debt collector is reporting the balance owed them? That is normal.
Paying the judgment off does not mean it gets removed. But it does allow his credit reports to start healing from the hit it took in the first place, which is often all you can do with this stuff.
You would be surprised what you can get done credit improvement wise, and how quickly, once your accounts are updated to show resolved.
Thanks for your quick reply. Yes the original creditor is showing a zero balance. One more question, my son has a collection agency attempting to collect on a Comcast bill from 2008. When does the 7 year time period begin for how long something can stay on your credit report. The collection agency is showing a much more current date…
Alicia
You start counting the time limit for collections to stay on credit reports from the date of the first missed payment.
DOFD is date of first delinquency. Is the collector showing a more recent DOFD? You can dispute that so that it is corrected. What is the name of the debt collector?
The only date that I can find on Credit Karma is the “open date” which is July 31, 2013. There is no mention of Comcast on his report anywhere.
Alicia
Actually I don’t even know if it’s my debt, I left in 2003. Does it take that long to take someone to court?
Creditors and debt collectors can take years to bring collection efforts to the courts. It is not that uncommon at all.
I had a judgement issues against me in 2007 in NJ, for an unpaid credit card. I was out of the country since 2003 until 2008. I don’t exactly remember what I owed on that credit card, but the judgement is for $9000. It doesn’t show up on my credit report anymore, 7 years have passed.
After I came back to the country I have been able to work on my credit and have a 767 score right now. Will the judgement be a problem for me buying a home? I don’t see it on my credit report anymore. Please help.
That judgment can show up in a factual or other type of underwriting report that a mortgage lender may run. If it does show up, it will likely impair your ability to get approved for the loan.
Who was it that got the judgment (name of plaintiff and the collection attorney that sued)?
Well that’s the thing. I wasn’t living in the country, I was living in South America for 5 years. I think it was Citibank credit card or GE Money, but Erin Capital Mgmt LLC appears on record. Is the judgement legal, since I wasn’t aware I was being sued?
You can have an initial consult at no cost with one of the collection defense attorneys I will email you contact details for. Ask them about the likelihood of vacating a judgment with your particular set of circumstances.
Let me know how that goes.
Hi,
Just wanted to let you know that in fact it’s not on my credit report. My broker ran my credit and I am good to know. Thank you so much for your quick response.
I wanted to add an addendum to my previous comment I just submitted:
I just searched my e-mails for any information or correspondence with Coastal Credit, LLC (who enacted a judgement against me for the balance of my repossessed vehicle), since my memory is a little foggy since 2009.
I actually stumbled across my credit report which I pulled on January 21, 2009. I thought I had fallen behind on payments, but apparently I had not. From August 2007 through October 2008, my payments were on time and “OK” as reported on my credit report to the bureaus. November 2008, I had an orange 30–my firstborn was born November 26th. It was the birth of my child that made me ultimately decide to voluntarily repossess the vehicle, since I wasn’t driving it, and felt it was unsafe. December 2008, my report shows a red RF–for repossession.
Looking at my current report which I just pulled a few days ago, the judgement was entered into VA Beach courts on January 14, 2009 for $8679.
They didn’t waste any time, and I don’t recall any outreach by them to try to obtain the money before a judgement was enacted.
Just thought I would disclose that I was always current on payments with the judgement that is in question until my voluntary repossession. I wish they would have never enacted a judgement! Ahhh, the rearview mirror.
Thanks for the additional details Kate. I can better suspect your answer to my question in reply to your first comment (I did not see this follow up until responding to your first entry).
It appears you only knew about the suit after the fact. But I will wait to hear back from you to confirm your answers to those two questions.
Good morning!
I just want to preface my comment by saying how appreciative I am for the information and insight you have provided so many people before me. I have read most of the comments and replies on this article, and it has helped to assuage some of my fears as I stumble to reclaim my credit. My friends always joke around about how loquacious I am, so I will try to keep this succinct and to the point.
I should have listened to my parents about the importance of healthy credit habits when I was 18–how I wish I could go back and make amends! I am now 27 years old, and haven’t had an open line of credit since….I was 18 or 19. I literally received cards in the mail, activated them, made a few payments, and then defaulted when I deviated from the “path”. I stopped out of college, joined the Army, and my debts went into collections. Recently–over the course of the past couple of years–I have witnessed most of these debts “fall off” of my credit report. I have to admit that this has been refreshing for me, as I have lived my young adult life without credit, and suffering from my poor decisions when I was younger. I have only recently (within the last couple of years) found myself in the financial situation to start tackling my debt and repairing my credit, simultaneously as the allure of my VA loan and the dream of owning a home has surfaced. I am tired of paying someone else’s mortgage for them, and would love to invest my money into something that will return the value down the line. The idea of owning a home is petrifying (although I think my experiences with my credit have contributed to this).
I requested my free annual credit report last week (as I religiously have over the last few years), and was pleasantly surprised to see that the sum of my debts right now are around $3500. The majority of this are unpaid medical bills (that were, for some reason, never run through my health insurance…but that’s another story). I haven’t had an open line of credit in years, and my old credit card debt has “dropped off”. There is, however, a looming black hole of a public record that I would like to address. It concerns an automobile that I had financed through Coastal Credit LLC while I was active duty Army in Virginia.
I have a personal vendetta against this company. I was young and naive when I took on the loan, and trusted the recommendations of a close friend who had purchased through a small dealership in Virginia Beach. I went in around August 2007, picked a vehicle, signed the papers (without reading….YOUNG AND DUMB!), and was ecstatic that *I* had been financed for a vehicle not long after encountering all of the bumps in the road with the aforesaid credit cards that were in collections (at that time). Well, the transmission blew on the vehicle (I kid you not) the second day I owned the car. While I waited for Starbucks. I’ll never forget it. I tried to address it with the dealership, who did have it towed and repaired. I requested to trade it in for another vehicle, etc… as it was under a 30 day warranty, and the owner avoided my contacts and persistence for the 30 days the lemon law protects you under. I paid my car payments through an allotment until I got out of the Army in February 2008. I continued to make my payments while I simultaneously fixed my lemon car, at an APR of 19% (if I recall), while on unemployment out of the service. I ended up ceasing use of the vehicle in October 2008 because it was incredibly unreliable and unsafe. I was late on payments, and then requested that they repossess my vehicle, which occurred in January of 2009.
After my car was repossessed, I received notice that it was sold at auction for just over a grand. The remaining balance was nearly $9,000, and certainly not anything I could afford off my unemployment. I didn’t even know how to react in this situation, and my instincts with credit at this point of time, was to simply avoid the debt. I resided in NY out of the military, and a default judgement was brought against me in April 2009. It is now almost 6 years later, and the judgement on my public record has had little importance to me because I have learned to live my life WITHOUT credit (simply, lamenting the fact that I had ruined it).
Fast forward to wanting to obtain a mortgage. I am now much older, wiser, and tired of letting my credit woes tug at my conscience. I have beautiful children, work in the ER as a nurse, and gross over 100k a year with my husband. We have settled into Kansas, and the rental market here is incredibly overinflated. We are renting a duplex that hardly accommodates our growing family, and I struggle with feeling like I am failing to provide my children with the childhood home they deserve. I contacted a lender specific to the VA loan market, and they stated that this public record will continue to prevent my abilities to obtain a mortgage as long as it persists.
While I harbor very personal feelings towards a lender that is notorious for financing lemon dealers…and very personal feelings regarding feeling taken advantage of as a soldier….I know that, ultimately, the responsibility falls on my shoulders. I am very motivated to settle this judgement as soon as possible, but I fear the unknown.
I have been doing a lot of research on the credit system, and the VA lender rep I spoke with was so informative and kind. My highest score (Experian) at this time is a 606. He referred to it as “being stuck in first gear” since I have such old debt, and no positive open credit. Then you add in the judgement.
The judgement, as I mentioned, is just under $9k. Back in the day, I would have rather declared bankruptcy than pay these people another dime for their tactics and ploys. I learned a valuable lesson that capitalism isn’t based on compassion. Or integrity. For the most part.
I have never heard from Coastal Credit LLC since being advised of the default judgement back in 2009. I have never had my bank accounts seized, or my wages garnished…and I have no assets for them to pursue. I would really love to offer them $2k, with the very realistic expectation that they will counteroffer. I worry that they will refuse to settle for less than the full balance…even though the debt has been “charged off”, though the judgement remains (and I believe it’s effective for 8 years in the state of Virginia…) The statute of limitations on the judgement is coming to a close soon, yet I know they can always pursue reenacting it. I would rather negotiate a settlement, and have it show as “satisfied” on my credit report. Then, at least, I can prove to a mortgage lender that the debt is, indeed, satisfied, and hopefully fulfill my dreams of becoming a homeowner.
Do you have any suggestions on how I can pursue this with the most optimal outcome? What are some key points I need to address with this company before I pay them an agreed settlement? I worry most about being beat around the bush concerning physical documentation of a verbal agreement. I plan on offering a settlement, hopefully negotiating terms, and then requesting a written statement on letterhead that they agree to satisfy my debt upon receipt of payment. If I obtain this letter, will I be able to forward this to the original court that issued the judgement? Or will the creditor? I am so worried that I will be led astray by this company, and I have a mentality that I can’t trust anything anyone says who is trying to collect a debt. They should put that in their spiel: “This conversation is being recorded. I am attempting to collect a debt. Don’t trust anything I say.” Just a suggestion.
If they refuse to negotiate with me, what are my options besides paying in full? While our financial situation is solid, I simply cannot afford to dish over $9k. I am hoping to resolve this and be in a home by the end of the year…which may be unrealistic, but I’m a dreamer.
What is the likelihood of the creditor reenacting a judgement if the SOL expires? Is it simple on their end, or a hassle for a creditor which hasn’t made any attempt to contact me or reel in payments through garnishment, etc… over all of these years?
I’m a really bad liar, and I cry at commercials. And I obviously ramble on and offer up too much irrelevant information (which may benefit whomever I speak with). I want to make sure that *this* time I have a plan in place which I DON’T deviate from.
Also, at the same time I pulled up my credit report this year, I randomly applied for a cc with Capital One. I was shocked to not only be approved, but to receive an initial credit line of $1k. It has blown my mind, and excited me at the same time–because I feel like I am finally getting an opportunity to rebuild after all of these years by keeping my utilization low and payments current.
Any insight into my credit situation would be the biggest blessing, as I have spent hours and hours researching, reading, watching and begging for more information that is similar to my predicament. I have to satisfy this judgement, but all of the reviews for Coastal Credit LLC have me petrified that they will have the mentality of “they have nothing to lose” by refusing a settlement. I worry that by calling them, and attempting a settlement, that they will refuse to settle and attempt to garnish my wages…especially since I make a comfortable living at this time.
How I wish I had a time machine!
I apologize for the long-winded comment, and hope that there was some cohesive layout of everything. Thanks so much for all you do!
Warmest regard!
Active duty military have some additional consumer protections. I would like to have seen you explore those options all those years back. But there may still be some things to pick apart from back then.
I have a few questions for you:
Were you living in New York, but sued in Virginia at the time? It is not clear from what you shared.
What is the name of the law firm that handled the collection suit?
I will have more feedback, and specific to your entire post, once I know the answers to those questions.
Hi Mike!
Thanks so much for your response. I was very naive back then–wish I would have explored my options, as well!
I purchased the car while on active duty in Aug 2007 and paid on it for 9 more months after I separated in Feb 2008. The voluntary repossession occurred in NY in Dec 2008, and they took me to a VA Beach court and had a default judgement entered Jan 2009. I believe I did get a letter in the mail advising me of the hearing, and later, a letter stating that it had been sold for $1100.
I don’t know who the law firm was. Perhaps I can call the courts and find out?
Please do find out the law firm involved.
It sounds like you were living in New York, but they sued in Virginia. That can be a problem for them, which is why I want to pin that down. Can you clarify the timing and where you with a bit more detail?
Do you know how I could go about finding out who was involved in representing them without contacting Coastal Credit LLC?
And, yes, I had been living in NY for almost a year by the time that they took me to court. The hearing was in VA Beach, VA, but I had left VA 11 months earlier when I separated from the military.
You can pull up the court record (some offer free access online), and find the attorney and law firm name on their filings.
I am going to send you an email with contact details for an attorney in that area you can consult with about your options to unwind, or otherwise deal with the lawsuit. You likely have service and jurisdiction issues to stand on. The issue being from that long ago presents a challenge in some states, but not all.
Hi Michael, I have a email that is between my debt relief counselor and an attorney(on letterhead) that is an agreement on a settlement that was dated a week before my court date. I foolishly didn’t go thinking that the agreement was reached and terms were set making court a moot point….wrong. The same attorneys that reached the agreement with FDR were the same attorneys that showed up at court at which time I received a Default Judgement. Something just doesn’t seem right here but I am afraid it is more of a moral issue. I would greatly appreciate your input.
Who was it that sued (name of creditor or collector)? Who was the law firm that handled the case?
What were the terms of the settlement agreement?
I will be better able to offer feedback if I had more of those above details. Also, what did Freedom Debt Relief say about the judgment (if anything)?
Hello again Michael, I was sued by Portfolio who was represented by Gamache & Meyers law Firm, St Louis, MO. I am paying the amount of $340 per month until Feb 2016. FDR never told me about the suit, I told them. I have an automatic payment of $1106 that is withdrawn by FDR and then placed into another account, CFTPay, that issues the checks to the creditors. In researching that account (CFTPay), it shows a check was sent to Gamache & Meyers on Sept 20, 2013 that was sent 2 day delivery and my court date was Sept 23, 2013. I just checked past paperwork and found an email from FDR congratulating me on a settlement with Gamache & Meyers with date of settlement Sept 25, 2013 with the settlement % savings being zero. The entire amount of $9995.11 would be paid. Again any incite is appreciated….good or bad!!!
Thanks for sharing more of the details David.
My feedback is all after the fact. It is neither good nor bad. What is already done cannot be undone. Would I have encouraged you to look at some other approaches back then? Yes.
You have a satisfied judgment. This fact will not necessarily hold you back from accomplishing your home ownership goals moving forward.
I been in debt program for about 41 months and about done now but I have collections, bad debts and settled for less than full amounts all over the place. I am 66 years old, retired military, 2 tours in SEA and it looks like the chances of my giving my wife a new home are nil. I do have a question but I would like to state that these problems were caused by me and nobody else. I knew what I was getting into and and nobody had a gun to my head. Now……I know better! My question is if i have a judgement that “the execution is stayed until the debt is payed, at which time it will be deemed fully satisfied”, will that judgement be filed on my public record?
The collections and settled for less showing on your credit reports are very common when signing up with a debt settlement company, or when settling debts on your own.
I am not certain what took place with the collection that reached the court. Did you reach a settlement on that debt that is still being paid? Have all payments on this negotiated deal been paid on time? Who was it that sued, and who is the attorney for the debt collector?
Hi Michael, Firstly it was a Consent Judgment Entry that was ” FURTHER ORDERED AND AGREED that execution will be stayed pending defendant(s) settlement payment in the amount of $6,602.32 to be paid to plaintiff in monthly installments as follows: 6 $50 installments to be paid beginning on 6/28/2012 and monthly thereafter until 11/28/2012
On 12/28/2012, monthly payments shall increase to $350.00, and will continue until $6,250 is paid,at which time a final monthly payment of $352.32 would be made settling the account in full. After $6602.32 is paid, this judgement will be deemed fully satisfied”. It then goes on about missing payments. Which none were missed as they were being paid by FDR. We received a SATISFACTION OF JUDGEMENT letter stated it was sent on 9/4/2014 from DAVID A KRAFT & ASSOCIATES, LLC, KC, MO. The attorneys that filed suit in behalf of AMERICAN EXPRESS CENTURION BANK. The terms of this judgement were the terms of the settlement between FDR and the attorneys. Thanks again for any help even if nothing is done. Sometimes somebody just caring is enough!!
If you approved the consent to judgment, and one was entered, there is not much to work with. It is likely part of the court record, and if it is, it should show as paid or satisfied. Paid judgments, and the paid or settled collections showing on your credit reports, will not always hold you back from getting a home loan approved.
Do you know if your credit scores are 620 or higher?
2 of my scores are 625 or higher and 1 is lower. 2 have gone up 10 points in 3 months. Me and Fair Isaac have become close friends. Thanks a lot Michael I thank you and from what I see you help a lot of other people too.
A 620 credit score is what many lenders see as a minimum to qualify you for FHA loans. Your middle score is higher than 620, so credit scores will not necessarily hold you back from a home loan. If all of the old debts are resolved, your current monthly cash flow, and debt to income, will be what to look at next.
You could connect with a local bank that offers FHA financing, or even look into any opportunities that may be available with VA loans.
Hello Micheal I had a judment against me during 2010 on a apartment I was evicted from since then I haven’t been able to find another apartment be cause it kept showing up on my credit when they ran it since then I have went thru the Lexington Law firm and it has been removed from my TransUnion and Equifax I was wondering would I be able to apply for a new one before it shows back up?
If the property management company uses TransUnion or Equifax as the source for their credit checks, now would be a good time for them to do that. You can even ask the person you drop off the application with who they use for credit checks.
Hi Michael,
I have a 4 years old default credit card debt judgement, and I’m looking for a lawyer in CA to do all the paperwork and negotiate a payment. I know it’s hard to negotiate judgements, but I’m ready to pay it off with a lamp sum payment. Now it’s around ~ $20K for a 2008 credit card debt, if we can get it down to 12K, it would be great.
Can you please recommend an experienced lawyer in San Francisco/Bay Area who can help me with this?
Thanks for your help!
I am sending you an email with contact details to Jeremy Golden, a highly experienced consumer law attorney in Southern California. Jeremy handles cases all over California, as distance is often not an issue in theses cases. Settling with the attorney that got the judgement would not require an appearance in court.
He offers an initial consult at no cost.
PS
In terms of the good, I have an auto loan that is in perfect standing over the past 2 years, another one prior to that which was also in perfect standing. My consolidated student loans are in good shape and Pay As You Earn means I have an affordable monthly payment tied to my salary.
Mainly wondering:
–if Good Will letters could help with some negatives on my old student loan records (which are now showing as paid in full due to consolidation, with the consolidated loan in good standing)?
— if Pay For Delete will help with the judgment/garnishment getting cleared from my records?
— if a new line of secured credit would help my score overall?
The positive auto loans add to my impression of fixing what you can, and giving yourself time. Once resolved collection accounts like the judgment, and student debts brought current have time to season, you will not be in all that bad a shape all things considered.
Good will letters on student debts are not likely going to lead to any credit improvements.
Hi Michael,
Thank you for all the advice, I have learned a lot reading this thread. Now I have specific questions. My credit score right now is 560.
1) I had majorly delinquent student loan debt (over 120 days late), including a full year of missed payments. I recently consolidated my student loans in Oct 2014 under Pay As You Earn. So they are no longer delinquent and are now in good standing, with 2 months of on time payments. But of course the giant string of missed payments show up on my history.
2) I have one credit account that has gone into collections and has a public judgement recorded and my wages are currently being garnished. The judgment was for a total of a little under $3,000 and I have paid around $1800 into it so far through the garnishment. Do you know if, at this point, a “pay for delete” and/or a good will removal letter to the creditors could end up with any results if I explain the situation? If so would I write to the original debtor, or to the collection agency, or both? I would be able to pay off the entire rest of what’s owed in January.
3) I have one credit card with $1,100 left on it, that is old and I don’t use anymore. It is in good standing with no late payments, but is at 65% of the limit. I will be able to pay it down to 1% in mid-January but not before. This one isn’t really an issue because I know exactly how to deal with it when the time comes.
4) Do you think it would help or hurt me to get a secured credit card and be responsible with it right now?
My immediate goal is to relocate to a new city in a different state, and get an apartment living alone. With my current salary I can afford it, my only worry is getting past the credit check. I’m also applying for jobs and want my score to improve in case they do a background check.
(The reason for the delinquency is that I had an injury that led to medical problems leaving me unable to pay my debt. The reason for the injury is, I was in an abusive relationship where my partner controlled my finances, and injured me badly including broken bones so I was unable to work, and when I was able to re enter the workforce he was controlling my bank accounts and mails. I left him about a year ago and have managed to turn my financial situation around completely. But the negatives are still there and my credit in ruins for now.)
2. A pay for delete on a judgment, and in the situation you are in with the garnishment, is simply not going to happen.
4. I would not apply for any additional credit right now, when you have at least one revolving consumer credit account that is updating as pays on time currently. With just getting your student loans out of default, and maybe getting your credit reports updated to show a satisfied judgment in the near future (by paying the judgment off as you suggested), I would wait to see what your credit looks like in 6 months before taking any addition credit building steps.
Thanks for the advice.
I am changing jobs next month, and the garnishment will not be done. Is there any way to contact them and pay off the balance somehow or negotiate a percentage? I just don’t want to follow me to a new job and I’d rather pay it off in full if that’s possible.
You can pay off the judgment any time. It is difficult to get a reduced payoff settlement for a judgment debt when you are being garnished (they know they are going to get paid as long as you have the job,and do not meet state exemptions). But when you leave that job for another, they will not get the garnishment amount until they locate your new job and get that in place. Negotiating the lower pay off a bit after you leave your current job is great timing. And the fact that you can pay it fully if need be means really have nothing to lose if you wanted to go for some savings.
hi,
I have a judement entered against me for $4100.00 but my credit report has the amount listed as $4,700.00. I wanted to pay the debt off so i spoke with the landlord lawyer but she has gotten no response from her. I’ve also sent her a email and left voice messages but she still havent responded. what can i do in order to get this issue resolved and off my credit report?
It is unlikely to get the judgment set aside from the court record in return for paying it off. But getting the court record updated to show it is now satisfied will often help you move forward with your credit goals.
Is the attorney trying to reach their client to get something you proposed approved?
The landlords attorney says she being trying to reach her as well but she is not getting a response from her. the next question i have is that can i pay the judgement to the court?
thanks for your advice
You can often pay the court directly. Contact the clerk of the court and ask about how to proceed with that.
Hi Mike,
I have a situation similar to someone who posted a while back:
I was in a car accident in 2009, and was personally sued for damages to the other driver’s car. However, I had attorney representation from Geico who handled the entire situation and I never had to go to court. There is a judgment on my credit report that shows “Civil claim paid.” I personally did not pay this claim (Geico paid it), nor was it late/sent to collections. It never affected me before now, so I haven’t looked into the issue previously; but recently I was denied a credit limit increase on one of my long-standing credit accounts and this judgment was listed as a reason why I was denied credit.
Is there anything I can do about this? Or am I forced to be denied credit for the next two years while I wait for this to fall off my report?
You are pretty much stuck with the outcome of that lawsuit being on your credit reports. And right or wrong, that unfortunately means some creditors will turn aside your business, or deny you additional credit access.
My question is this…
We have a judgment filed in our name from 2009. It is scheduled to fall off in 4/16. Weare selling our home and want to use proceeds to pay off our debts. My question is will paying this judgment reset the clock for removal? WE are hoping to buy another home in about a year. Our scores are currently in the low 600’s. I also have someolder collections that I want to pay off. The collection agencies are midland for 4500 and portfolio collections for 570. The original creditors were Barclay credit card and Orchard bank credit card respectively. We live in louisiana. Will paying off these old ddbts hurt our score. We have established some new credit recently with cards from capital one. We also have some auto loans in good standing.
They do not get a new set of years for credit reporting with judgment debts of this nature.
You may see a temporary drop to your credit scored due to the freshness that comes to the negative entries by their being updated as resolved. But then again, you may not. It will depend on the scoring model used. In any event, given a year between getting the judgment paid, and other settlements updated to your credit, you could be in good shape for FHA type of underwriting approval.
Hi Mike,
I have a question about a judgment i received in 2009. I had a car that was repossessed in 2008 and they sent me letter telling me that they sold the car at auction. They decided to take me to court over the remaining balance that they did not get in the auction and I was served the papers but during the time we were suppose to go to court my daughter had just been diagnosed with cancer. There was no way I could make the court appearance, due to the fact she was undergoing treatment.
I have been contacted by the collection agency that holds the account and they offered me a lower settlement but at the time I couldn’t pay what they were asking for and I am in the process of trying to buy a home. That judgment is my only hold up. What is the best way to approach the collection agency to get a settlement that is in my budget? What should I ask for when speaking with them? I was thinking about being beside a fax machine so that if a agreement is reached they have to fax over a document that states the debt has been paid so I can take it down to court house and to my lender.
I am desperate at this point because I lost everything in a one year’s time frame and I am now able to at least get my kids back into a house that they can call theirs.
What was the amount of the lower settlement offer they made prior, and what was the approximate date the offer was made?
You can settle this judgment, and still save money, but what are you budgeting for?
If you were declined a home loan, your credit is going to show the inquiries. Debt collectors use software that gives them real time access to your credit reports if they want it. You may/may not look like a file that should pay more to them as a result.
Thanks Mike for getting back to me. They offered me a one time payment of 5000 or 9000 paid over 4 years. This was back in March of this year.
Oh I am budgeting for 3000-4000. Nothing more than that.
You have a shot at settling for under 50% with a judgment this old. If you stick to your guns and convey a hardship scenario well, one that takes into account that debt collectors have real time access to your credit reports, you can do this. You do not have to get all this done on a single call.
Read through this article and the many comments for tips and information you can use: https://consumerrecoverynetwork.com/how-call-bank-negotiate-credit-card-yourself/#comment-168673.
Michael,
I’m applying for an apartment and my credit was ran and its showing that as per Experian I have a judgment. It’s in TN, the SOL has passed which is 10 years and its not on my Experian CR, however I was told it’s showing up through a 3rd party. How can I get this removed? I have contacted the court and have spoken to the clerk who advised me to request a “10 Year Letter.” I’ve done this and have it. I called Experian and they told me it wasn’t on my report, however it is showing up when a credit check is being done.
Ask the apartment complex which report they are relying on for the denial. As soon as you know that, post who it is and lets go from there.
I was told Experian is who they run credit with.
Hi Michael,
I have a question about this Court Judgement that I just notice a few months ago. I’ve try to contact the Apartment complex but no one return my call. At that time, my ex and I were living together. I was the main co-signer on the lease for the apartment. I want the Court Judgement removed by I’m not sure which route I should take. I went to annual report and got to look at all three credit reports to find any information. But after looking at all three, I didn’t find any information on collectors/debit collectors. I want to talk to the clerk and file papers to do installment plans but I’m a bit scared about the garish on my wages.
How much is the judgment for? How long ago was the judgment entered in the court record? What can you afford to pay each month? What state do you live in?
If you can post your answer to those questions, I can likely be of more assistance.
Had a summons delivered on Aug. 7, on summons there was a number to call to settle debt to keep out of court which was scheduled for the 27th. Contacted and number was dead, left messages with no response, but attempted contact for 17 days multiple time per day. Finally looked up attorney online and called the office, explained that we would pay in full to avoid court, they accepted payment on the 24th, and on the 27th the attorney went into court and filed judgement against us AFTER agreement and monies were exchanged. I have the receipt for payment with their letterhead on the 24th signed with case number and recipient of monies, the judgement was filed on the 27th and the 10th of the next month I hold the letter where they advised the court that the matter was satisfied in full. Is this not a clear violation of (4) of the the FCRA?
I am in Tennessee, and this kept us from a refi that would have saved us over 230K and we missed the opportunity,
While I could contact the attorney that received the payment, I feel that I have been violated, and even if it was by mistake, I paid dearly fort he mistake of missing a single bill out of many over the same period. I feel that since the number given by the attorney was never answered, and the fact that the judgement was filed three days after agreement was made, that this could be an intentional attack on us for not paying the bill prior. Any idea who in Tennessee who could not only remove this illegitimate judgement, but also look to see if I can recoup the damages done by the frivolous attack on my person?
It is time for the people to go after these collectors with no morals and act as slimeballs against the people for profit. While I would be satisfied from the removal of this judgement, I feel I have suffered damages, and mistake or not I didnt have a day in court to represent myself as I was told not to appear on the 27th as jno action would be taken.
I sent you an email with several consumer law attorneys in Tennessee listed. All of them have debt collection defense experience. And that is how I would approach this, as it is the court record that needs to be addressed in order to permanently affect your credit reports.
Post an update with your progress.
We got a summons from a medical collections agency and I have made a payment agreement with them (I can not pay in full at this time). The court date is in November and I am wondering if I need to file a response with the court? And also what will this do on our credit (a judgement against us). They say I don’t need to do anything but I am trying to be sure what the consequences really are. Trying to rebuild our credit and just want to know if I have any options. Colorado
Juls – If you are trying to rebuild your credit, you will want to do everything you can to prevent this lawsuit from turning into a judgment on your credit report.
What is the amount owed?
What is the amount you agreed to pay each month?
What was the date you were served the summons?
How old is the debt?
Judgements on credit reports are not the end of your credit options. Once the judgment is updated to show paid/satisfied, you can go on to accomplish goals like refinancing, or purchasing a new home, while the judgment is on the reports.
Hi,
I was sued several months ago for a private student loan in default which was sold to an attorney.
I went to court without a lawyer (stupid) and admitted to the debt, I mean there were papers signed by me so what could I do. However, the judge told me to write a payment plan proposal to the attorney offering a certain amount. I would then be advised if it was accepted or rejected.
I never got any letter or document in response to my proposal, nor did I receive a notice of the Consent to Judgement. Suddently they garnished my bank account I had no forewarning whatsoever. They are also claiming to be attempting to garnish my wages for 25%.
I looked up my credit report on Kredit Karma and saw the debt was delinquent status and open. However, today I looked at it again and the account was removed.
What does this mean? I probably am foolishly hoping it means something good for me, but I am hoping for some sage advice.
Thank you
The student loan not showing on your credit report in the normal way it was prior could just be temporary. And it sounds like the judgment that is now in the court records has not been updated to your credit reports yet. But that is a new blemish you should realistically expect to hold you back from achieving future credit goals until it is resolved.
It would be a good idea to consult with an attorney now. Also, you do have options to contest the garnishment. Ask the court clerk about requesting a hearing to contest. And keep little money in your bank accounts for now, until you come up with a plan.
Here is more details about dealing with judgment debts: https://consumerrecoverynetwork.com/question/can-you-settle-credit-card-judgements-like-other-debts-stressed/
I have a question. I have a judgment from C&F Finance company for a car loan. At the time of the claim being brought against me my daughter had just been diagnosed with cancer. I had no choice but to get her to radiation and chemo treatments. I could not to court and defend myself. I live in NC is there any way I could get it vacated or is that just too late? This company is known for it’s illegal practices with debt collections and court cases against it’s consumers. Please help because it’s been 6 years and it’s my only hold up with buying my house.
I think you will have a real hard time getting a judgment 6 years old vacated. If you have a shot at it, it would likely be from hiring an experienced consumer law attorney, which has a cost and risk. You may be able to settle this for less than it would cost to challenge it in court. Paid or settled judgments can still get you approved for a mortgage.
How much is the judgment for?
Hi michael
I have a judgment on my credit report I’m trying to get removed I’m just not sure how to go about removing it the judgment is for a bail bond I Co signed for a friend’s friend and they never went to court but were caught I believe within 30 days after there court date and now i found out i have a judgment because of this and i don’t know if there is anything I can do about it there is also 3 other people listen on the judgment for $14,000
I would want to talk this over with a debt collection defense attorney before doing anything else. What is the name of a nearby larger city?
There is no “large” cities Toms river nj is probably best
I sent you a short list of experienced attorneys you can consult with. All of them are about an hours drive away, but that should not be an issue.
Mr bovee,
i have a judgemnt in texas from an eviction in 2008. i finally am in position to pay off the judgement, but the apt. complex has been sold atleast once, perhaps twice. Tried contacting the complex, and after being sent to multiple people in the owning buisness (northland) i was told they cannot help me. I was told i need to send a certified letter to the complex, informing them that i have tried to pay, and they have not giving me a route to do so, so i can trigger a hearing with the JP Court. What should such a letter say? where might i find an example?
I would work with a consumer law attorney on this, and one with experience defending people against banks and debt collectors in the court.
Post the name of a nearby larger city and I can help you locate one.
hi michael!
I need help in improving my credit score. currently it’s at a 531.. I have all medical bills that have a negative impact on my score. i didnt have insurance at that time. I also have student loans still showing but because I started paying on them they are out of collections and are out of default, but I haven’t seen any change on my score. and lastly I have a court judgment on my report from an old medical bill. now when it comes to that, as soon as I received the judgement I payed it off within a few weeks. I also received a satisfaction letter as well. now my concern is why is this still on my credit report? currently I have $1483 in collections for medical bills. I don’t have much credit established which is why I believe I have such a low score. what if I pay off all medical bills.. how long will that come off my report? what can I do to improve my score? and also I need assistance about my court judgement even though I paid it.. why am I still seeing this on my report?
When did the student loans come out of default?
When was it that the judgment was entered in the record and then quickly paid? Is the judgment showing as satisfied on your credit reports now? It will typicality take 7 years from the date of judgment entry in the court for that to fall off your credit reports. But it does not have to hold you back from your credit and finance goals that whole time.
While you need to resolve the old medical collections on your credit report, you also need to establish credit. You have a thin credit file. And what is there is stuff that hurts you.
How long will it take to resolve and pay the medical bills outstanding? How old are those debts? What state do you live in?
my loans came out of default in august. and no, the court judgement still states “filed” on my record. which was filed November of 2013 and I payed it I believe in December. I called the court and they have in their records that it was satisfied but it’s not reflecting that on my score. also after logging into credit karma I had 7 medical bill accounts removed recently as well, but I saw no change in my score. 3 of the 4 medical bills are from January 2014 and the last one is from 2 years ago. being that it’s only 1483 I will most likely pay that in full or most. and I love in ohio.
I would send a written dispute to the credit reporting agencies regarding the satisfied judgment. Send that certified mail return receipt. Include proof you paid the judgment. Keep a copy of all communications and the green return card in a safe place. If this does not get the credit report updated post an update.
Get those medical bills taken care of and updated to show as being resolved with a zero balance(does not really matter if you pay in full or settle for lower lump sum). Once you do that, start adding good credit history. I like the credit matching tool available at http://www.credit.com. Look for an unsecured card that is the most likely to approve your credit profile, and get one card for now. You may need to start with an unsecured card, and I like Bank of America’s program for those.
Hi Micheal
I really hope that you could help me here as I am not getting any satisfactory responses to this situation:
I was a student in US since August 2005 and left US in June 2007, when I left- I had 3 credit cards issued in my name. During my stay, I was always particular of not missing any payments and making sure that what I owe was paid in full every month. Recently I got a job offer to move to US in Feb 2015 so I decided to pull my free credit report and I am shocked to see the below details:
– 3 special civil par dockets 6k+5k+1K (date filed 1/10, 10/09, 7/09)
– credit card 1 (4k limit maxed to 5K) in October 07 (after I left the country for good)
– credit card 2 (4k limit maxed to 5K) in Feb 08 (after I left the country for good)
– credit card 3 (3k limit maxed to 3.5K) in October 07 (after I left the country for good)
– credit card 4 (1k limit maxed to 1.5K) in Jan 2008 (note: the issue date of the card is 08/2007 after i had left US)
– there are 3 collection companies listed
(1. saying account paid in full for $128),
(2. status in collection for 5k) and
(3. status in collection for 5k)
I called the banks and they have no history of transactions as accounts are closed and sold to collections which is very frustrating.
removal dates as shown
Credit card 1 – 12/14
Credit card 2 – 9/14
Credit card 3 – 10/14
Credit card 4 – 8/14
My Biggest mistake that I dint cancel my cards before leaving US
Please advise, i have this great job offer that i have to accept by December or I will lose it
Thanks in advance
Ash
What state were the lawsuit in?
What are the names of each plaintiff that sued?
What state will the job you are thinking about taking be in?