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Judgment Vacated/Dismissed - Can it be removed?


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The last post in this topic was posted 5930 days ago. 

 

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I was sued by Discover Bank back in 2005. They were awarded a default judgment against me. After working out a deal with them, the case was vacated and dismissed with prejudice by the court. I have the actual court documents in my possesion stating this.

 

Now on my credit report it shows that these are all judgments that haven't been satisfied. I called up Transunion to dispute this and the lady told me that even if I sent in these documents showing the judgments were vacated and dismissed, it would still remain on my credit report. I asked her how could something that was vacated show up on my credit? She didn't know. So I filed a dispute and she said I could send in the actual court documents.

 

My question now is should I bother sending in the court documents right now? Are my chances better that the court won't update it and it just gets deleted from Transunion's credit report? Or do I send in the documents right away and take her word that it will remain on my credit report but show as satisfied (I thought vacated meant they had to remove it). Or option 3, wait 30 days to see if it gets removed from my initial dispute, if not, then send in the court documents?

 

I've read a lot about other disputes and such, but judgments have me a bit confused.

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Shawnee do you know if your judgement was included in your BK, is there any way to have that removed off your report? Or will it just stay as IIB?

 

I've seen this exact subject discussed here, and I can't recall the answer. I'm thinking that the actual public record can still report, but don't hold me to that.

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My question now is should I bother sending in the court documents right now?

 

I would follow WhyChat's instructions and dispute as "no such judgment of record from this Court for this date for this amount."

 

http://creditboards.com/forums/index.php?showtopic=196188

I did read the thread but not sure if it would apply to me. There is a public record of the suit that I'm able to pull up on the County website. There was a judgment handed out on that day as well. The problem is that the judgment was later vacated at a later date and dismissed with prejudice. I'm worried that if I just dispute the judgment on the particular date, it will be verified.

 

I can prove that it was vacated and dismissed, I have actual court documents signed by a judge. My question is whether or not that would actually remove the judgment from my credit report. I guess I'm a tad confused at exactly what vacating a judgment means. I was under the impression it meant erasing it, which I'd imagine would result in it being deleted from my credit report.

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Yes, that's pretty much what it means. The problem is the CRAs like to think they don't have to follow the laws.

 

Remember too that PRs are not reported by the courts -- the CRAs have paid "researchers" who ferret through PRs and report those findings to the CRAs.

 

Send the docs CMRRR to the CRAs who are still reporting the judgment. If they refuse to delete, it's time to get a lawyer involved.

 

ETA: "Satisfied" is NOT the same thing as vacated. Satisfied means the judgment stuck and was paid. Vacated means the judgment was thrown out and is no longer valid.

Edited by HereKittyKitty
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My question now is should I bother sending in the court documents right now?

 

I would follow WhyChat's instructions and dispute as "no such judgment of record from this Court for this date for this amount."

 

http://creditboards.com/forums/index.php?showtopic=196188

 

There is no need to dispute it that way. A dismissed/vacated judgment can not be on your report. The OP simply has to send the dismissal from the court along with a dispute as dismissed, that's one of the options the CRAs have. If they "verify" the judgment in spite of the dismissal being provided to them you have willful noncompliance.

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Thank you Kitty. I will sent the docs CMRRR first thing in the morning. I think this "unsatisfied judgment" showing on my credit report is really hurting me. A friend who handles mortgages said it could mean 50+ points on my score for all I know.

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Thank you Kitty. I will sent the docs CMRRR first thing in the morning. I think this "unsatisfied judgment" showing on my credit report is really hurting me. A friend who handles mortgages said it could mean 50+ points on my score for all I know.

 

A two year old judgment satisfied or paid could cost you that many points. Depending on which scorecard you're on the point impact fades as it gets older. No matter what the score impact you're better off without it, and since it was dismissed it has no business being on your report.

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I had a judgement vacated and yes it can be removed. It was about 1.5 years ago and if I remember correctly I believe I called all 3 CRA's (credit reporting agencies, I see you joined yesterday) and

b!tched and moaned about it.....I think I got the run around a bit since about 3/4 of the poeple that work at the CRA's don't really understand what a vacated judgement really means, most will tell you that the "judgement on your credit report will be updated to show "satisfied" (or something like that) but it has to stay on your report. That is absolute rubbish.

 

I agree with the folks above that said to dispute, maybe something like "dismissed/vacated by judge, please delete as required by the court". Fire that off in the mail (return receipt) along with a copy of the vacated judgement highlighting any relevent info on it. In the meantime if you don't feel like waiting for snail mail get on the phone and start calling the CRA's (ok here comes a little white lie)and explain that you have been told by someone at that CRA that once the judgement has been vacated that you were told you could fax it in so it could be deleted from your report. I am sure you won't remember who told you but just tell them that's what you were told. If they refuse ask for a supervisor or call back and speak to someone else.....just don't give up. I say this because they allowed me to fax in the copy of my vacated judgement although one of the CRA's was a bit tricky, I think they required an original copy with the court seal or some mumbo jumbo like that.....I b!tched and moaned some more and kept calling till they deleted it.

 

Good luck and update us with your efforts.

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First, I want to thank the OP for starting this post.

 

Ok...I have a BK13 on my report from 1998( I know I know most of you will say just let it fall off...lol) but Im in the market for Home Improv. Loan and I want this off asap! It says Dismissed on my report in the status field, date filed/reported 06/1998, it has a ref. number and I tried to look it up on Pacer and couldnt find it anywhere. Should my next step be to call the court/ go there and ask if I could see the paperwork so if they say its verified I could ask them for a MOV? As some of you have stated here, it should'nt be on there in the first place.

 

 

Right now its in dispute with Equifax ( reinvestigation...the only one thats showing it...go figure :grin: )

 

TIA

Edited by Agent101
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A two year old judgment satisfied or paid could cost you that many points. Depending on which scorecard you're on the point impact fades as it gets older. No matter what the score impact you're better off without it, and since it was dismissed it has no business being on your report.

This one is showing as unsatisfied which I'm sure is worse. It's the biggest thing holding me back according to the mortgage broker.

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First, I want to thank the OP for starting this post.

 

Ok...I have a BK13 on my report from 1998( I know I know most of you will say just let it fall off...lol) but Im in the market for Home Improv. Loan and I want this off asap! It says Dismissed on my report in the status field, date filed/reported 06/1998, it has a ref. number and I tried to look it up on Pacer and couldnt find it anywhere. Should my next step be to call the court/ go there and ask if I could see the paperwork so if they say its verified I could ask them for a MOV? As some of you have stated here, it should be on there in the first place.

 

 

Right now its in dispute with Equifax ( reinvestigation...the only one thats showing it...go figure :grin: )

 

TIA

 

First of all, a dismissed BK is not the same as a dismissed judgment. A dismissed BK can legally remain on your reports.

 

For it being that old I would simply dipute it as obsolete. It has to be gone by June, and the CRAs tend to drop them early. I simply don't think it's worth the work involved using the technicality angle when it only has a few months left.

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