I Have a Judgement Against Me! How Do I Get Rid of It?
If you’ve always enjoyed watching lawyers on TV, here is your chance to play one in real life!
If you have been sued for a debt and lost, or lost by default by not showing up for court, you can vacate the judgement against you.
This is done by filing a “Motion to Vacate. In filing this motion you will be suspending the judgement. Then, request a new hearing to convince the court to dismiss the case against you.
I know a few things, but I’m no Perry Mason. I do know that having a judgment on your credit report can be a giant pain. If you want instant help dealing with a credit report judgment. These guys erased my credit report judgment and fixed my credit score.
Steps to Vacate a Judgement
Although the rules vary from state-to-state, the following steps are helpful:
- Research your state’s court procedures - These rules tell you how to write your motion and also what to include. For instance, they may indicate reasons that justify a dismissal of the the case against you. Court procedure – also known as “civil procedure,” is a crucial part of the process. Although you may try to have your opponent’s case thrown out on a technicality, you don’t want the same to happen to you!
- Type up Your Motion to Vacate and bring it to the original court which granted the judgement. Hand your documentation to the court clerk and check if there are any additional necessary documents to fill out. Sometimes the clerk will answer such questions for you. Be prepared to pay the necessary filing fees.
- Make certified copies and send the original to the plaintiff via certified mail, return receipt. (The original plaintiff is likely the creditor or collection agency who obtained the judgement against you)
- Mark your calendar - the clerk will set a date and time for you to appear in court. You get this notice in the mail so make sure the clerk has the correct address on file.
What Happens Next
Typically the plaintiff (creditor) has 35 days to respond to your motion. Sometimes they will offer to settle out of court, other times they may fail to respond or show up in court. If the creditor is a “no-show” for the time being you’ve won by default - Congratulations!
If you decide to settle out of court, demand that the creditor file the dismissal paperwork and report to the credit bureaus that they withdrew the judgement against you. Of course, be sure to confirm all the details of your agreement in writing.
(Important - a ‘paid judgement’ is nearly as damaging to your credit history as an unpaid judgement. Make sure that the creditor withdraws the judgement completely. (This is different than a creditor informing the bureaus that the judgement was simply paid.) Again,a ‘paid judgment’ on your credit report is BAD!)
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What to Do at the Court Hearing
Ok Perry Mason, here’s your big chance – you get one shot. Courts rarely – if ever – give you a second bite at the apple so make sure you’re prepared!
Being prepared means you are ready to support your defense as to why the creditor is wrong. You can do this by outlining your argument beforehand and bringing any relevant evidence such as receipts, contract agreements, etc. Remember, the plaintiff creditor brought this case to court in the first place. The burden is on them to prove their accusations.
Here are some additional strategies to consider:
- Attack the creditor’s documentation (or lack thereof) – For example, demand to see a copy of the original contract for the debt. Is the debt beyond the statute of limitations? (check your local state laws) You will need to prepare to argue this critically important point. If the debt is beyond the statute of limitations, then you have no further legal obligation and the court may dismiss the case.
- Hire a “real” lawyer - if William Shatner could wipe the floor with you in a legal battle, then you may consider investing a few hundred dollars in an attorney skilled in consumer credit laws. An attorney who limits his or her practice to these types of cases have probably handled hundreds, if not thousands, of similar cases.He or she is sure to spot any mistakes which may be the difference between whether you win or lose, have to pay a huge judgment, or take a Caribbean vacation with all the money you saved by avoiding the judgment!
In any event, no matter what, never sit idly by, letting a creditor place a questionable judgement against you and on your credit reports!
How Do I Remove a Judgment from my Credit Reports?
Your credit score today is more important than ever – your job is to do everything you can to protect it, improve it, maintain it. Regardless how your local stuffy banker has misled you about credit repair (You’ve heard them parrot the often told lie that – “bad credit must remain on your credit report for seven years…blah..blah…blah…”). The truth is that anyquestionable negative information can legally be disputed and deleted – including a judgement from your credit reports.
However, the nature of judgments when it comes to your credit reports is that, once they are “stuck” on your credit reports, they are only slightly less harmful than a bankruptcy. An unpaid judgment, however, is a different story. It means almost certain death when it comes to getting new credit or changing careers (new employers now routinely deny recruits for having poor credit).
In other words, forget about looking for a better job if you have judgements on your credit report!
Judgments stay on your credit report as long as 12-20 years and some are renewable. In fact a paid judgment stays for seven years from the pay date!
Fortunately the Fair Credit Reporting Act (FCRA) gives you the right to challenge anynegative information on your credit report including judgments or public records. Consumers often find that mailing a dispute letter to the credit bureaus resolves questions about the accuracy of a credit report judgment.
Often these disputes are resolved in your favor because the credit bureaus and courthouses use a system that is time consuming and prone to frequent error.
Most investigations involve disputes over more common consumer debt such as credit cards or automobile loans and the like. These disputes are verified by automated (non-human) electronic systems. However, credit report judgments are maintained by court houses and humans. Accordingly, a dispute requires verification by a live human being.
Often clerks are overworked already and simply cannot verify the information within the time allotted. Thus, the credit bureau is forced to delete the questionable judgment.
Whatever your situation may be, you can appreciate the weapons you have to repair your credit and erase bad credit items like credit judgments. Some weapons you can use include the Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, Fair Debt Collection Practices Act, and the Fair Credit Billing Act, just to name a few.
These laws prove to be a powerful ally when it comes to removing judgments and other questionable items from your credit report. However, your greatest weapon can be a credit repair professional intimately familiar with consumer rights laws and seasoned in the credit repair process.
You may consider hiring an affordable The Lexington Law Firm credit repair attorney such as The Lexington Law Firm (Here are some Real Facts: Lexington Law deleted 28,564 Judgments for its clients in 2009.).
You can give Lexington Law a call for no charge. Tell them about your situation and see how they can help.
Here’s Some Proof! Below is credit report judgment deletion letter from a real client of the Lexington Law Firm:
You can give Lexington Law a call for no charge. Tell them about your situation and see how they can help.