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judgement - paid but no "satisfaction of judgement"


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First of all - Hi everyone. I'm a newbie. I've been reading this forum nonstop for several days and I've found tons of great information. However, I can't seem to find anything in regards to my biggest obstacle in repairing my credit.

 

Short background - An old landlord took me to court and now there is a judgement on my credit. The judgement has been paid in full. Actually, as soon as the judgement was made, he garnished both my bank account and my paycheck. Long story short, he was paid in full within a few months of the judgement. He never took the garnishment off my paycheck so each month the court would refund me what was garnished. But they won't consider the judgement satisfied because the landlord has to file a satisfaction of judgement.

This happened 6.5 years ago. I can't even explain why I never took care of this before. It's a combination of thinking I had to hire a lawyer and not being able to afford that, plus laziness on my part.

 

Now, my questions.... Will the judgement automatically fall off after 7 years, even if it's not classified as satisfied? If so, I think my best bet is to just wait it out. If not, then I need a different plan.

 

If I can get the landlord to file a satisfaction of judgement, that will change the "date of last activity" to right now, correct? So if he files the satisfaction, does that mean the judgement stays on my credit for an additional 7 years? I don't want that!

Should I deal with the court house directly? What steps do I need to take to get them to file the judgement as satisfied with the correct date?
Should I contact the CRA directly and send them paperwork/receipts the courthouse sent me showing it was paid in full and they were refunding the garnishments? I read here to be very carefull about what you send CRA regarding judgements because it could be used against you.

 

 

 

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Welcome, stinewil I must say your question to this situation will be in newbie section , but I'll try to answer, this account should fall of in 7 years since you have proof you paid it, if it matters to you that it show satisfied on your CR then write the land lord and mention this to them, other wise it going to drop off for good at the the end off the 7 year.

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Welcome, stinewil I must say your question to this situation will be in newbie section , but I'll try to answer, this account should fall of in 7 years since you have proof you paid it, if it matters to you that it show satisfied on your CR then write the land lord and mention this to them, other wise it going to drop off for good at the the end off the 7 year.

 

 

I don't believe this is true. It will remain on your report for 7 years from the date it was paid/satisfied, however, if it has not been filed as such with the court, it can remain for a long time. Even if you are successful at having it removed, if the court records have not been updated, it can surface later, possibly in a pull for a mortgage app. A paid receipt isn't enough to update the court records.

 

How old is the judgement? When was it filed?

 

I would try contacting the landlord first, see if he/she will file to have it dismissed or vacated. Otherwise, you may have to file a motion to vacate yourself.

Edited by pjmaxwellian
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FCRA says that the judgment remains for 7 years from its date of entry, if it is updated to show satisfied it does not change the date of its first entry. The judgment can be re-reported if it is renewed by the entiry that got it in the first place, however in this case it has been satisfied and it would not be renewed. As far as the continuing garnishment I would file a motion with the court to have a satisfaction entered on your behalf as long as you still have the records to prove it has been satisfied.

 

Adding: Since it is now at 6.5 years, once the satisfaction has been updated to the CRAs I would dispute it as obsolete it is liable to be removed within 3-6 months of its removal date.

Edited by gdale6
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The last post in this topic was posted 2885 days ago. 

 

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