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Dispute 3 mo. early - TL tied to unreported judgement


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I have been debating on disputing a Voluntary Repo as obsolete which is due to fall off in April. I keep holding off because there was a judgement against me that never reported to the CRA's. I'm afraid the judgement may show up out of nowhere if I go messing around.

 

The bank has faithfully updated my reports on the 4th of every month since I had the loan. I pulled my EQ today and happened to notice they didn't update this month, so I'm really itchy to go ahead and pull the trigger now.

 

Am I worrying needlessly about the judgement if I dispute as obsolete?

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I believe they get notice of judgments from public records. but if there really is a judgment out there in your name, you have to wonder why it hasn't showed up yet. it may never, but you have to expect that it could show up at any time regardless of whether you dispute this.

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IIRC, a judgment has to be recorded in order to show up in the public records that the CRAs pull. If the judgment creditor was the same bank that is reporting but due to soon fall off, I would not poke that bear. :wave:

I don't think they recorded it. I searched the court database and couldn't find anything. The judgment creditor was the same bank so I will leave it be. It's only 3 months away.

 

Thank you

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Going back over my paperwork regarding the judgment, I noticed on pages 1 & 2 of Affidavit and Request for Default and Default Judgment are stamped with "Received & Filed" with the name of the court and date. On the Entry of Default and Default Judgment By The Clerk page, it is signed and dated except where it states A true copy, Attest:, and it is not stamped with "Received & Filed".

 

Am I correct in assuming; since the document wasn't already filed at the time the copies were made and sent to me, that it wouldn't have the stamp, and signature indicating it's a true copy?

 

I have read where the defendant's receive a Notice of Judgment when all is said and done. I am 99% positive one was never sent to me. I say 99% because I kept everything in a folder regarding the debt and can't imagine not filing something like that with the rest of the paperwork (unless my Ex was playing games with my mail - which could be the case). Should I have received it? Or, does this mean the judgment was in fact never recorded?

 

Unrelated to whether or not is was Filed and/or Recorded:

The original Complaint against me listed the amount of the retail installment contract as $36K less than it actually was. All the other paperwork (Exhibits) had the correct loan amount though. I am the typo queen, but I think that typo takes the cake, especially when it was on a legal document.

 

Sorry about all the questions. Although I am just going to let this fall off by itself, I am curious.

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