Bank of America judgment

[monti]

I have a judgment from Bank of America on my credit report from an old checking account. They sent me a 1099-C cancellation of debt form. I called them and they said I no longer owe the debt and they will not try to collect on it anymore. I've tried to get it off my reports using techniques I read on hear but no success so far. Do you think I can mail the bureaus a copy of the 1099-C to get it deleted? Has anybody had any success with a 1099-C form?

[policebox]

Sending the bureau a copy of the 1099-C will only confirm to them that you had a debt with Bank of America and that the debt is valid. Doing that is about the worst thing you could do.

[ProcessServer]

Sending the bureau a copy of the 1099-C will only confirm to them that you had a debt with Bank of America and that the debt is valid. Doing that is about the worst thing you could do.

 

+1

[monti]

Can anyone else chime in on this? My thinking was if I sent them the 1099-C form which shows cancelled debt, it would show that I once had the debt but it would also show that the debt has been cancelled. Which means the judgment could be cancelled. I would of course like a deletion but it should at least update to a $0 balance. Any help would be appreciated.

[policebox]

Absolutely don't send the 1099-C to the bureaus. Doing so will not get the judgment removed from your report and doing so will just make your efforts to get it removed that much harder (if not impossible).

 

What you need to do is contact the court that has jurisdiction over the judgment. Ask them about their procedure for filing a motion in the court. You want to file a motion to have the judgment vacated on the grounds that the debt has been forgiven. Having a judgment vacated means that the judgment basically never happened. Once the judgment is vacated then you can file a dispute with the credit bureaus, your dispute reason being that the judgment has been vacated. If you are successful in having the judgment vacated, then the bureaus will delete the public record from your report.

 

Basically, you will write up a motion to have the judgment vacated which you will file with the clerk of the court, you will need to serve the original creditor and their attorneys. Contact your court for their specific procedures (and possible filing fees) for making the motion.

 

Here is an example pleading (but again, contact your court for their rules):

 

YOUR COURT

CREDITOR

Plaintiff,

vs. Case #: XXXX

YOU

Defendant.


MOTION TO VACATE JUDGMENT


COMES NOW xxx, Defendant, who respectfully requests this Court to vacate the judgment against Defendant, XXX, filed XX/XX/XX, as ground therefore states as follows: Defendant XX, debtor, was granted a relief of all debts and obligations, through a cancellation of debt issued by Plaintiff on xx/xx/xx, evidence of which is provided by the attached copy of IRS Form 1099-C, with all parties to the case having been given proper notice.

_______________________________________
Signed You

Edited March 17, 2014 by policebox