I Have a Judgment Against Me Because I Goofed and Now I Need to Remove It!

Your creditor threatened a court-ordered judgment but you thought that, if you waited long enough, he would get tired of pursuing you and let it go! Unfortunately, that’s not how it turned out and now a judgment has been issued against you.

The judgment has caused your credit score to free-fall. In point of fact, a judgment can stay on your credit report for 10-12 years. At the end of this period, if the judgment remains unpaid, it can often be renewed. Your credit history can even report a paid judgment for seven years!

So, you’re wondering how to go about removing the judgment. The first thing you need to know is that it is illegal for a credit reporting bureau to remove an accurate entry. The only types of entries which may be legally erased from a credit report are those which are false in nature or those which are disputed but which are not verified by the creditor within the mandated time period. The Fair Credit Reporting Act (FCRA) was enacted in order to allow consumers to dispute items which are negative in nature. Judgments and public records are included in the FCRA.

To dispute a judgment on your credit report, you should send a dispute letter to the credit bureaus which are reporting the judgment. There are three major credit reporting agencies – TransUnion, Experian, and Equifax. With other types of negative entries such as credit card debt and car loans, the credit reporting agency would be forwarding the dispute to creditors such as credit card companies, banks, car dealerships, loan companies, etc.

However, with a judgment or public record, the credit reporting agency will forward the dispute to the governmental agency which maintains the record, normally located in the county courthouse of your resident county. Recording and verifying judgments is performed by county employees, not high-tech automated software programs. As it takes longer for a human to search legal records and verify a judgment or public record than clicking a computer key a few times, it is often the case that a judgment or public record request for verification is unable to be completed within the 30-day time limit. If this is the case, the credit reporting agency is legally required to remove the judgment entry from your credit history.

You can attempt this process yourself. However, if you would prefer, you can employ a knowledgeable and experienced consumer rights attorney to address this for you. The upside to going this route is that an attorney who practices consumer rights law has typically handled hundreds, and possibly even thousands, of cases of this type.

Removing a judgement is possible. Discover the only legal way to remove any questionable credit report judgement at www.creditreportjudgement.com.

Are Judgments Really As Bad As People Say?

I hope you are not looking at a judgment and are just asking this question for the sake of curiosity. However, if you believe you will be facing a legal judgment, it is essential that you do your research and understand the mechanics of a judgment – before it happens, during the process, and afterward.

When a creditor feels he will be unable to collect a debt from you or if he just get tired to trying, a judgment proceeding may be initiated by the creditor against you. However, before getting to this point, many things have normally taken place. For starters, you likely agreed to pay the creditor for an item you purchased on credit, meaning you agreed to pay for the item in installments. Another scenario would be where you obtain a credit card and charge an item to the credit card, thereby creating a balance owed to the credit card company.

Excited about your purchase, you drive home anticipating the benefits and enjoyment you will receive from the purchase. Unfortunately, the economy is so poor that two weeks later not one, but both, of your grown children and their families move home because they cannot make ends meet. Your kids are confident that they will be able to recovery financially within two or three months; however, eight months later they are all still there and you are financially over-extended. You have been unable to make a payment on your purchase for the past four months and your creditor is now sending letters and calling constantly.

Normally, a creditor will contact you when you fall behind on payments and try to determine the cause and make arrangements with you to bring the payments current. The economy is so poor right now that he may initially be sympathetic and understanding. As time continues, however, he may become less inclined to sympathy and more insistent upon cold, hard cash. As it takes time and money to try to chase down debt owed, your creditor may become even less sympathetic and file a judgment proceeding against you in order to attempt to obtain payment. (It is important to note at this point that when you entered the agreement to purchase the item or when you entered the agreement with the credit card company to pay for any debt you incurred using the credit card, you probably signed a written agreement which contained a clause allowing the creditor or credit card company to initiate a legal action against you in the event that you defaulted on your payments.) By initiating this legal action, your creditor will attempt to prove that the debt was incurred by you and that you do, in fact, owe the sum due. By doing this, he will be able to obtain a “judgment” against you.

People unfamiliar with legal matters are often nervous when they receive legal papers, which is natural. They may even consider not appearing in court for the hearing because they are scared to do so. Let me state here and now that it is ESSENTIAL that you show up at the hearing! If you do not, your absence will mean that a default will automatically be rendered in the case. A default on your part means that you LOSE the case and your creditor, with no effort on his part, will automatically win! This will mean that you will be right back at step one again and owing your creditor the debt.

In the event your creditor is successful in this matter, he will be granted the judgment. Following this proceeding, you will be served with a Notice of Judgment, which will give you up to 30 days to pay the debt in full. Your creditor will have access to certain legal actions in the event you do not pay the debt within the 30-day time limit. These legal actions can be quite severe and can include liens against real property, garnishment of wages, and seizure of assets.

Your credit score will take a nose-dive if your creditor is successful in obtaining a judgment against you! It is best to contact your creditor early on and try to work out a payment plan. Remember, the only one hurt in a judgment proceeding is YOU!

Learn how to Remove a judgement. Discover the only legal way to remove any questionable credit report judgement at www.creditreportjudgement.com.

Can I Have a Judgment Deleted?

If you have lost a legal suit involving a debt by not showing up or, if you did show up, but the judge ruled against you, maybe the judgment can be vacated. You would need to file a Motion to Vacate to begin the process.

When you file a Motion to Vacate, you are in essence suspending the judgment and requesting a new hearing. If the Motion is granted, you will need to be prepared to argue for dismissing the case.

So What Steps Do I Need to Take?

Depending upon state law, the steps below will yield results if followed carefully:

1. It is important that you research and master your state’s court procedural laws. When you do this, you will learn the proper way to draft a motion and for what reasons a judgment may be dismissed. It is imperative that you have a grasp of the court’s rules. By performing this research you will discover the reasons a case may be thrown out on a technicality.

2. Take your completed Motion to Vacate to the originating court’s court clerk and file it. Ask if there are any other documents which need to be filed. You will need to pay a filing fee when you file the motion and you should request certified copies. Mail the original to the plaintiff, who is most likely your creditor or the collection agency which initially filed the suit. Be sure that you mail the motion by certified mail, return receipt requested.

3. You will need to mark your calendar with the date and time of the hearing. The court clerk will schedule the hearing and likely mail the notice to you so make sure the court clerk has your correct address.

Thirty-five days are given to the plaintiff to respond to the motion. In some cases, the plaintiff may attempt to settle out of court or possibly not even appear at the hearing. You will win by default if the plaintiff does not appear in court!

You should demand that the creditor file dismissal paperwork and require that the judgment be withdrawn by the credit reporting agencies if your creditor wants to settle out of court. Be sure to commit your agreement to writing in the form of a legal agreement.

It is important to understand that a “paid” judgment is almost as damaging as an unpaid judgment. Make sure that your judgment is removed in its entirety rather than revised to “paid” status.

You will need to be prepared to prove the creditor wrong if the case does go to court. The creditor, being the plaintiff, is responsible for proving its claims.

Some thoughts to keep in mind include:

1. For beginners, you might attempt attacking the creditor’s documentation. In this regard, you might require that the creditor produce the original contract or a copy thereof. If the creditor can provide a copy of the contract, fine; if not, it will throw doubt on the creditor’s case.

2. It is imperative that you review your state’s statute of limitations law to determine if the debt is outside of the statute of limitations. You have no legal obligation to pay this debt if it is, indeed, outside of the statute of limitations. If this is the case, the matter will be dismissed.

3. If it appears that a judgment is in your future, think about employing a consumer credit attorney for advice. Consumer credit attorneys make their living handling cases just like yours and will be able to guide you through the process and offer valuable advice.

Judgments are destructive and will cause you financial woe for years to come. You should do everything in your power to avoid a judgment!

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What Can I Do About a Judgment?

The last resort for a creditor to obtain payment from a debtor is to try to obtain a court judgment. You actually agree to this when you take out a loan or apply for a credit card. The fine print in the document states that you agree to be sued if you don’t make your payments each month.

The main goal in a creditor’s law suit is to prove that you actually owe the debt. It is smart, if you really do owe the debt, to attempt to resolve any pending legal action quickly. It is often that a creditor may prefer a settlement to continuing with a legal action. To show good faith, it is helpful if you can provide an up-front partial cash payment.

It is important to ascertain if the statute of limitations has already run. If so, the debt is uncollectible. You should note though that your legal obligation to pay the debt can be reinstated if you make even a small payment.

If an attorney is handling the matter for the creditor, call the attorney and make an offer. No matter how modest your offer may be, the attorney is ethically bound to discuss the offer with the creditor.

You should do what you can to avoid going to court. Also, keep in mind that a settlement is always better than a court judgment. If your creditor is able to obtain a judgment, your credit report will reflect the judgment and the entry can remain on your credit report for up to ten years.

It is important to SHOW UP if you cannot reach a settlement with your creditor and you end up in court. Some people make the mistake of not showing up which means that they automatically forfeit. This means that the creditor wins by default!

It is important to note that if you do appear, you should be prepared to present a defense and work toward a resolution of the matter. You will earn the respect of the judge and plaintiff creditor by doing so. This will require that you present a defense on your behalf.

You will receive a notice of judgment if the creditor is successful in his suit. The judgment will allow you 30 days in which to pay the debt in full. After the 30 days has run and if you still have not paid the debt, there are additional legal actions which the creditor may take. For instance, the creditor may be allowed to place a lien against your home or property. If a lien is placed against your home, the lien will have to be paid in full prior to the sale or refinance of your home.

In addition, a creditor may be able to seize personal property you own. One other possible legal remedy might be garnishment of wages.

A judgment obtained by a creditor will be noted on your credit report and will cause financial havoc. Other areas of your life may be affected by a court judgment as well. In some instances, a court judgment can affect whether you get that new job or if your bid for advancement in your current position is granted! You should do your best to avoid a court judgment.

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Should I Be Worried About a Judgment?

As you can imagine, when your debt is sent to collections, your credit score will be damaged. If from there your creditor seeks a judgment for payment, your credit score will plummet even further.

Your creditor is sending a clear signal that it is through playing games if you are served with a Notice to Appear in court for a judgment proceeding. You will have 30 days from being served to object to the filing. You can have the case dismissed if you can prove that the debt is invalid.

A creditor may or may not be serious if it threatens to file a law suit. However, going to court should be a very, very last resort in your mind.

An “unpaid” judgment will be shown on your credit report for 10-12 years. At the end of this 10-12 year period, if the judgment remains unpaid, it can be renewed. A paid judgment can be shown on your credit report for up to 7 years from the date paid.

It is wise to contact your creditor to arrange a lump sum payment or a payment plan. However, do this only after checking your state’s statute of limitations laws to determine if your debt falls within or outside of the laws. If your debt falls within the statute of limitations, you are still obligated to pay the debt and you should try to negotiate payment. Adversely, if your debt falls outside of the statute of limitations laws, you no longer owe the debt though, if you offer to make payment, you will start the clock running all over again.

If you are ordered by the court to pay a debt and an official court order is issued, the impact on your credit score will be devastating. However, if you decide to contact your creditor and arrange for payment, you may be able to avoid this traumatic black mark.

The best solution for all parties is to negotiate a settlelment. It is rare that a creditor really wants to proceed in court. Taking a matter to court takes time and costs money. Because of this, creditors will often be willing to negotiate a lump sum payment for a reduced amount or a payment plan. If you happen to be dealing with one of those creditors who does not want to discuss a settlement, you might think about contacting the lawyer handling the creditor’s case to discuss a settlement.

Your credit report will show the debt as “legally void” if the judgment is dismissed. This is much less damaging than a “paid judgment,” which can be shown on your credit report for seven years from the date paid.

It would be best to negotiate a settlement which includes a complete deletion of all negative information from your credit report related to the transaction. If you and your creditor are able to agree, be sure to obtain a written agreement with both of your signatures. You should always remember that, once the court becomes involved, negotiating opportunites become slim to none.

An experienced credit attorney might be a good idea. You may, in the long run, save some money and lessen the damage to your credit score by employing a seasoned consumer credit attorney.

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Judgment or Lien: Can My Creditor Take My House and Property for Non-Payment?

If you are worried that you may lose some of your assets due to a judgment or lien your creditor is filing or has threatened to file, you should be. You can definitely lose assets if a judgment is awarded to your creditor. Your creditor must go to court with the debt matter if the debt has gone a certain number of months without being paid. It is unfortunate that it will likely cost you in one way or another if the matter goes to court. The result reached in court will be unique, just as every person’s individual situation is unique.

Normally, you will have 30 days to respond once you receive judgment papers. The judgment papers will notify you that you are to appear in court to defend the debt matter. It is smart to spend these 30 days attempting to come to a settlement with the creditor.

If the creditor is successful in obtaining a judgment against you and depending upon your state’s laws, the creditor will have legal remedies against you. These may include seizure of assets, garnishment of wages, or possibly even placing a lien against your home or property. If a lien is placed against your home, this will mean that you cannot sell or borrow against the property until the lien has been paid.

It is important to note that a court-ordered judgment will cause your credit score to take a significant southward plunge. Also, a judgment may be reported for up to ten years on your credit report. A bankruptcy is the worst mark you can have on your credit report. A judgment follows closely on a bankruptcy’s heels. Considering the difficult times we are living in, an exceptional credit score is more important and necessary than ever before.

In the end, resolution to the debt issue is all the creditor wants. In light of this, creditors are often responsive to working out a resolution in order to avoid legal action. However, for this to take place, you and the creditor will need to communicate in order to hammer out the details.

You will likely wind up in court if you ignore your creditor’s request to negotiate a settlement. If this happens, you will be allowing the court the opportunity to rule against you as opposed to working with the creditor to reach an agreement that will be more beneficial to you. You should never allow a judgment to just happen!

If you feel you don’t want to tackle this situation alone, you can look into hiring an experienced credit attorney who can guide you through the process. It is always best to deal with debt matters head-on rather than opting for avoidance.

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