Jump to content

Dispute letter court judgement


The last post in this topic was posted 2833 days ago. 

 

We strongly encourage you to start a new post instead of replying to this one.

Recommended Posts


I need a little help, is it possible to get judgements removed by using same name different person if the address in the judgement is not on your credit report. Please help, thank you

 

Just because the address on the judgment is not on your credit report does not mean that the account you were sued for is not yours. Can you give us more background on your issue?

Link to post
Share on other sites

I'm not looking to vacate the judgements, I'm in Ohio and you have 1 year from final judgement to vacate that has passes, they are my judgements, I'm looking to get them off my credit report early so I can apply for a mortgage, and rebuild my credit, they are from 2007 so they are older, they just appeared on my report this week. The address in the court documents is not one listed on my credit report, so I was going to try the someone else with a similar name trick. Wanted to know how to go about this.

Link to post
Share on other sites

Have you disputed it with the CRAs yet? They may come off in one shot. In order for the CRA to verify the judgments, some identifying info must match e.g. name, address, etc. If the only thing on the judgments that matches is your name, then deletion on the first round of disputes is likely.

Edited by SouthernTreat
Link to post
Share on other sites

Have you disputed it with the CRAs yet? They may come off in one shot. In order for the CRA to verify the judgments, some identifying info must match e.g. name, address, etc. If the only thing on the judgments that matches is your name, then deletion on the first round of disputes is likely.

 

Umm, NO. The CRAs will verify with the courts and as long as the name and social match they will stick. Disputing right now could be the worst thing to do.

 

The address in the court documents is not one listed on my credit report, so I was going to try the someone else with a similar name trick. Wanted to know how to go about this.

 

This isn't a game and it isn't a trick. There are other ways to establish your identity and that the judgments belong to you besides merely an address. People move all the time and if that was all it took all one would have to do to remove debt from a CRA is move.

 

I'm not looking to vacate the judgements, I'm in Ohio and you have 1 year from final judgement to vacate that has passes, they are my judgements, I'm looking to get them off my credit report early so I can apply for a mortgage, and rebuild my credit, they are from 2007 so they are older, they just appeared on my report this week. The address in the court documents is not one listed on my credit report, so I was going to try the someone else with a similar name trick. Wanted to know how to go about this.

 

The bad news is you are in Ohio and here are the SOLs for your state:

 

STATE: OHIO

Interest Rate

  • Legal: 10%
  • Judgment: 10%

STATUTE OF LIMITATIONS (IN YEARS)

  • Open Account: 6
  • Written Contract: 15
  • Sales Contract: (UCC2-725)
  • Domestic Judgment: 21 renew every 5
  • Foreign Judgment: 21 renew every 5

BAD CHECK LAWS (CIVIL PENALTY)

The greater of $200 or three times the amount of check and attorney fees (no maximum).

GENERAL GARNISHMENT EXEMPTIONS

See federal law. Effective 03/30/99 Ohio allows continuing garnishments.

The problem you have is that judgments are good for an initial 21 years in Ohio and as long as they are renewed they are able to be reported on a CR. If you dispute now you may just kick a sleeping bear who will start collection proceedings by instituting garnishments of wages and bank accounts.

If these are indeed from 2007 then it appears your creditor has renewed them and they can stay on your report. If the goal is a mortgage simply getting them off your credit report may not work. The bank can find them in other ways and will not underwrite a mortgage with them being valid and unpaid. The secondary problem is they have been collecting 10% interest since 2007 as well and have likely ballooned to quite a large amount.

Ohio is VERY creditor friendly and at this point you may not have many options besides living with it until 2028, pray they forget to renew, or paying them. Your creditor has shown they intend to continue to renew them and it is a long road to 2017/2018 to see if they renew again.

Edited by Clydesmom
Link to post
Share on other sites

 

Have you disputed it with the CRAs yet? They may come off in one shot. In order for the CRA to verify the judgments, some identifying info must match e.g. name, address, etc. If the only thing on the judgments that matches is your name, then deletion on the first round of disputes is likely.

 

Umm, NO. The CRAs will verify with the courts and as long as the name and social match they will stick. Disputing right now could be the worst thing to do.

 

The OP's ssn will not be listed in the judgment because the judgment itself is a matter of public record.

Link to post
Share on other sites

I did a dispute, and it came back verified in a week with experian, and 2 weeks with equifax. Now 2 others appeared on my report that where not there, do I send a DOV Letter or a same name different person letter. And yes southern treat it is illegal to display an entire Ssn on a public record, so they can not verify that way. Clyde's mom, I do understand the laws in Ohio, they have not renewed the judgements, I just want them off my report. I am just looking at the next step to get a deletion

Link to post
Share on other sites

I did a dispute, and it came back verified in a week with experian, and 2 weeks with equifax. Now 2 others appeared on my report that where not there, do I send a DOV Letter or a same name different person letter. And yes southern treat it is illegal to display an entire Ssn on a public record, so they can not verify that way.

- They probably verified using your name and dob.

 

I just want them off my report. I am just looking at the next step to get a deletion

- Unfortunately the only way to make this go away is to get it vacated or continue to dispute with the CRA. Check out these threads about getting a judgment vacated:

 

http://creditboards.com/forums/index.php?showtopic=508076&hl=%2Bdelete%2C+%2Bjudgment&do=findComment&comment=4816806

 

http://creditboards.com/forums/index.php?showtopic=504160&hl=%2Bdelete%2C+%2Bjudgment

Edited by SouthernTreat
Link to post
Share on other sites

Here is something else to think about:

 

Dispute with the CRAs during the major holidays (Thanksgiving and Christmas). The theory behind this is that due to the holidays, their offices are short staffed and those that do show up for work do not want to do any.

http://creditboards.com/forums/index.php?showtopic=502202&hl=chod&do=findComment&comment=4764229

 

Some say that this will not work because everything is done electronically:

http://creditboards.com/forums/index.php?showtopic=480385&hl=chod&do=findComment&comment=4583667

 

But WhyChat's advice may help get you around this:

 

I have advocated handwritten communication to CRAs for over 10 years as this guarantees it is being READ by a "Stateside" human being instead of an off shore customer service computer operator.

 

You have nothing to lose by trying it!

Edited by SouthernTreat
Link to post
Share on other sites

I did a dispute, and it came back verified in a week with experian, and 2 weeks with equifax. Now 2 others appeared on my report that where not there, do I send a DOV Letter or a same name different person letter. And yes southern treat it is illegal to display an entire Ssn on a public record, so they can not verify that way. Clyde's mom, I do understand the laws in Ohio, they have not renewed the judgements, I just want them off my report. I am just looking at the next step to get a deletion

 

I appreciate that you want the judgments off your report. Who would want that reporting? That isn't the problem. Most states including Ohio have laws on judgments that state they can be reported on a credit report for 7 years or the length the judgment is valid for which ever is LONGER. In your case Ohio is 21 years.

 

In your zeal to get it removed you are also over looking that since you can no longer have it vacated, aggressively pursuing this now could get it off your credit report but does NOT mean they won't garnish wages or bank accounts. Once you got sued they game changed and you lost your leverage. Deletions are about leverage and with an active judgment you have none.

 

In order for some of the stuff Southern Treat linked to work you have to time it so that your letter arrives on a holiday and even that isn't a guarantee. As was said in the electronic era with court records being on line it is VERY easy to verify a judgment. While CRAs may not display an old address on your CR from when the judgment was obtained it doesn't mean they do not have access to it. The bottom line is apparently it is YOUR account, your judgment and you are going to have to deal with it because disputing it doesn't look very promising at this point.

 

How much risk are you willing to take?

Link to post
Share on other sites

Well clydesmom, wage garnishment is not possible, I own my own corporation therefore I do not receive a paycheck to garnish, I am for the most part what they call judgement proof. All my assets are tied to my business which they can not touch, I am not denying they are my judgements, just want to try and get them off early since they only will report for 2 more years. They have also past the 5 year renewal in Ohio whith not one renewing the judgement because they have nothing to collect on. So again does anyone have advice on how to approach this.

Link to post
Share on other sites

Well clydesmom, wage garnishment is not possible, I own my own corporation therefore I do not receive a paycheck to garnish, I am for the most part what they call judgement proof. All my assets are tied to my business which they can not touch, I am not denying they are my judgements, just want to try and get them off early since they only will report for 2 more years. They have also past the 5 year renewal in Ohio whith not one renewing the judgement because they have nothing to collect on. So again does anyone have advice on how to approach this.

When you say that you own a corporation but do not receive a paycheck for the judgment creditor to garnish, it begs the question of how you are paying your bills. If any of your personal bills are being paid by the corporation, and the creditor finds out, it can easily lead to exposing the assets of your corporation to seizure or garnishment.

Link to post
Share on other sites

 

Well clydesmom, wage garnishment is not possible, I own my own corporation therefore I do not receive a paycheck to garnish, I am for the most part what they call judgement proof. All my assets are tied to my business which they can not touch, I am not denying they are my judgements, just want to try and get them off early since they only will report for 2 more years. They have also past the 5 year renewal in Ohio whith not one renewing the judgement because they have nothing to collect on. So again does anyone have advice on how to approach this.

When you say that you own a corporation but do not receive a paycheck for the judgment creditor to garnish, it begs the question of how you are paying your bills. If any of your personal bills are being paid by the corporation, and the creditor finds out, it can easily lead to exposing the assets of your corporation to seizure or garnishment.

 

Exactly. Piercing the corporate veil on this one should not be difficult. The part that galls me is that it is THEIR debt, THEIR judgment, and yet they don't feel they should have to pay it or have it on their credit report. This is the kind of debtor that gives good consumers having problems a hard time working with creditors.

Link to post
Share on other sites

The part that galls me is that it is THEIR debt, THEIR judgment, and yet they don't feel they should have to pay it or have it on their credit report. This is the kind of debtor that gives good consumers having problems a hard time working with creditors.

 

True....one can spoil it for all, not that I am accusing the OP of such.

Link to post
Share on other sites

The last post in this topic was posted 2833 days ago. 

 

We strongly encourage you to start a new post instead of replying to this one.

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.




  • Member Statistics

    • Total Members
      180,177
    • Most Online
      2,046

    Newest Member
    farmers
    Joined
×
×
  • Create New...

Important Information

Guidelines