Judgment Question

[loveliestangel]

I know all judgments have to be taken care of before closing can occur but what if it's in your maiden name not your married name?

[Brian B The Loan Professor]

I think you already know the answer

If it is yours it must be paid

[loveliestangel]

I think you already know the answer

If it is yours it must be paid

 

Brian the issue here is that it is NOT mine. It was done before I was married by an ex bf and he rented an apartment in my name with his new gf and opened utilities. I've went to the court numerous times and am trying to get it vacated. I am not trying to get out of something I owe, but I don't think I should pay something that isn't mine and I have proof it's not. (i.e. police report)

[Brian B The Loan Professor]

If it isnt yours then the burden is yours to prove that it isnt because you cannot get a loan with it reporting.

A police report is probably not enough for a credit bureau to remove it. You will likely have to go through the court that issued it and fight this.

A police report just tells one side of a story....

 

Good Luck

B

[loveliestangel]

If it isnt yours then the burden is yours to prove that it isnt because you cannot get a loan with it reporting.

A police report is probably not enough for a credit bureau to remove it. You will likely have to go through the court that issued it and fight this.

A police report just tells one side of a story....

 

Good Luck

B

 

Brian it's NOT reporting on my credit reports. A police report was enough to get the credit bureaus to remove the 3 utility tradelines, and the original creditors did an investigation and the results were that I was not responsible and I did not open them.

[Brian B The Loan Professor]

Ok well I have tried to help

Your original question was basically

do I have to pay a judgment if it is in my maiden name?

the answer is still the same if it is yours yes you do

If the judgment is no longer there then it has been taken care of?

If thats the case then there is no longer a judgment it has been taken care of?

 

B

[loveliestangel]

Ok well I have tried to help

Your original question was basically

do I have to pay a judgment if it is in my maiden name?

the answer is still the same if it is yours yes you do

If the judgment is no longer there then it has been taken care of?

If thats the case then there is no longer a judgment it has been taken care of?

 

B

 

Sorry Brian I hope you didn't take my statement the wrong way. I was just asking because I am still so confused about this. I was just trying to say that I have some proof that it's not mine and even that landlord knows but he won't work with me.

 

It's not mine, it never was mine, it never got paid. It was never on my credit reports. I have to go down to the court again and see if it's a recorded judgment. Thanks for the help!

[Brian B The Loan Professor]

No problem

I think that we just over complicated things

Lets go back

You are correct that if they find it you will get denied

You are better off dealing with it ahead of time

The landlord has no reason to work with you because he wants to get paid and he probably knows you are the most likely to pay.

Go see if it is recordeed and if it is you will have to somehow deal with it.

Good Luck

B

[loveliestangel]

Yes, I know I am better off dealing with it now and that is why I am trying now. He is being a total jerk and yes I agree it's because he knows I need it over and done with and he thinks he is going to get something out of it so he is playing hardball.

 

If it's not recorded would I then not have to take care of it?

[loveliestangel]

I spent 2 hours at the court this morning.... They gave me another copy of the case detail and the clerk told me this is all she has, and the case file has been destroyed. She said there is NO RECORDED JUDGEMENT. They had no idea what the heck a recorded judgment was it seemed. They sent me to the court reporters office and they sent me back to housing etc etc. So now that there is no recorded judgment does this mean I don't have to do anything else to take care of it?

[cocomad]

I spent 2 hours at the court this morning.... They gave me another copy of the case detail and the clerk told me this is all she has, and the case file has been destroyed. She said there is NO RECORDED JUDGEMENT. They had no idea what the heck a recorded judgment was it seemed. They sent me to the court reporters office and they sent me back to housing etc etc. So now that there is no recorded judgment does this mean I don't have to do anything else to take care of it?

Angel Ct. have 20 year judgements; did you check Pacer? Make sure before you bite the bullet and save time and money and headaches, good luck!

[loveliestangel]

I spent 2 hours at the court this morning.... They gave me another copy of the case detail and the clerk told me this is all she has, and the case file has been destroyed. She said there is NO RECORDED JUDGEMENT. They had no idea what the heck a recorded judgment was it seemed. They sent me to the court reporters office and they sent me back to housing etc etc. So now that there is no recorded judgment does this mean I don't have to do anything else to take care of it?

Angel Ct. have 20 year judgements; did you check Pacer? Make sure before you bite the bullet and save time and money and headaches, good luck!

 

How do I check Pacer?

[clambert1273]

pacer is only for federal it won't check local.. just to let you know

[loveliestangel]

pacer is only for federal it won't check local.. just to let you know

 

Looks like I am SOL then. Really I don't know what else I can do. Court clerk says NO recorded judgment, case file has been destroyed. She said there is nothing else that can be done at this point.

[clambert1273]

if it were me.. I would hire an attorney to get it vacated.. they know the workarounds if there is anything to work around...

 

It cannot hurt to get a free consultation

[loveliestangel]

if it were me.. I would hire an attorney to get it vacated.. they know the workarounds if there is anything to work around...

 

It cannot hurt to get a free consultation

 

Not something I can really afford. But worse case yeh I might have to

[jop3]

So, there's no recorded judgment, the case file is destroyed, it's not on any of your credit reports, and you have a police report you filed to prove that it was fraudulent? I'm thinking we're all over thinking this. Officially, it doesn't even exist, so there is nothing for you to address. Good for you for trying to be honest, but don't shoot yourself in the foot. You've done your due diligence AND you have a paper trail of proof that it's not yours. I would forget about it and move on.

[clambert1273]

So, there's no recorded judgment, the case file is destroyed, it's not on any of your credit reports, and you have a police report you filed to prove that it was fraudulent? I'm thinking we're all over thinking this. Officially, it doesn't even exist, so there is nothing for you to address. Good for you for trying to be honest, but don't shoot yourself in the foot. You've done your due diligence AND you have a paper trail of proof that it's not yours. I would forget about it and move on.

 

great advice

[loveliestangel]

So, there's no recorded judgment, the case file is destroyed, it's not on any of your credit reports, and you have a police report you filed to prove that it was fraudulent? I'm thinking we're all over thinking this. Officially, it doesn't even exist, so there is nothing for you to address. Good for you for trying to be honest, but don't shoot yourself in the foot. You've done your due diligence AND you have a paper trail of proof that it's not yours. I would forget about it and move on.

 

Thank you very much!! I think I am overthinking it for sure. I guess I was so concerned it was going to show up during closing that I was freaking. I'm going with the idea that it doesn't exist any longer.

 

Happy Thanksgiving ALL!