Judgement question

[Demonico]

So I have 2 judgements that are paid and both report as satisfied. Following the directions from WhyChat's site I went down to obtain copies of the recorded judgements. I found that one of the courts destroyed the document and all they retain is the docket. From that I have 2 questions.

1. Does that improve my odds of getting them disputed off my reports?
2. Has anyone had this happen to them?

[policebox]

If they are paid, I recommend you talk to the clerk of the court about filing motions to have the judgments vacated. In some jurisdictions you, as the defendant, can file the motion provided you serve the plaintiff and their counsel. Provided they do not object (and they usually won't), your motion is granted. With the judgments vacated, they can be immediately deleted from your credit report. If you live in a jurisdiction where the defendant cannot directly file the motion, then contact the plaintiff's attorneys and ask them to file the motion since the judgment has been paid. Far more often than not they will oblige your request. Since they have the money, there is no reason to not acquiesce to your request.

 

I recommend this method because it prevents the judgment from somehow ever coming up again. Plus, it's a completely honest way of having the public records removed from your credit reports, without having to rely on "tricks" or technicalities.

 

Again, discuss the procedure with the clerk of the court. If you would like to see a sample pleading for this motion, I can provide you with a copy that I created for having judgments vacated in my jurisdiction. It should help put you on the right track.

[moosetracks]

If they are paid, I recommend you talk to the clerk of the court about filing motions to have the judgments vacated. In some jurisdictions you, as the defendant, can file the motion provided you serve the plaintiff and their counsel. Provided they do not object (and they usually won't), your motion is granted. With the judgments vacated, they can be immediately deleted from your credit report. If you live in a jurisdiction where the defendant cannot directly file the motion, then contact the plaintiff's attorneys and ask them to file the motion since the judgment has been paid. Far more often than not they will oblige your request. Since they have the money, there is no reason to not acquiesce to your request.

 

I recommend this method because it prevents the judgment from somehow ever coming up again. Plus, it's a completely honest way of having the public records removed from your credit reports, without having to rely on "tricks" or technicalities.

 

Again, discuss the procedure with the clerk of the court. If you would like to see a sample pleading for this motion, I can provide you with a copy that I created for having judgments vacated in my jurisdiction. It should help put you on the right track.

 

Yup +1

[Demonico]

I've read a bit about that but I'm not sure how far I'd get. My only aversion is really just that I don't want to have to go to court and appear before a judge, admittedly that is a stupid reason. From what I gather that is part of the process were I to file a motion to vacate. Am I understanding that wrong?

[Demonico]

Also, they are set to drop off in Sep. and Oct. of '15 so I'm also wondering which is less effort.

[policebox]

I've read a bit about that but I'm not sure how far I'd get. My only aversion is really just that I don't want to have to go to court and appear before a judge, admittedly that is a stupid reason. From what I gather that is part of the process were I to file a motion to vacate. Am I understanding that wrong?

 

It depends on your jurisdiction, so again, you would do well to speak to the clerk of the court before you proceed, but in my case I did not have to make any court appearances. I simply typed up the motion, attached a copy of my bankruptcy discharge letter, and mailed 2 copies of the motion to the clerk (I requested one copy be stamped and returned to me, with a SASE) along with my certification of service, a copy to the plaintiff, and a copy to the plaintiff's attorney. A month or so later, the plaintiff's attorney filed a response with the court stating that they acquiesced to my motion. Therefore, the motion was granted and filed by the clerk. I did not have to pay any filing fees or go to court.

 

 

Also, they are set to drop off in Sep. and Oct. of '15 so I'm also wondering which is less effort.

 

Of course it's less effort to do nothing, but I only spent a few hours on the project plus about $2 in postage and envelopes. It took me so long because I had to write everything up from scratch since I didn't have anybody to help me figure out what to do.

 

Here is a sample transmittal memorandum (cover letter to the clerk), motion to vacate judgment, and certification of service. Edit these to suit the particulars of your case and your jurisdiction. Double check with the clerk that they are satisfactory before proceeding.

 

You want to print out four copies of pages 1 and 2 and two copies of page 3.

• Assemble two sets of pages 1, 2, and 3. These are the two copies you mail to the clerk of the court. One of these copies will be stamped by the clerk and returned to you for proof of filing.
• Assemble two sets of pages 1 and 2. One set is mailed to the Plaintiff. The other set is mailed to the Plaintiff's Attorney. In some jurisdictions you may need to only serve the Plaintiff's Attorney.

If you wanted (and I would recommend) you could edit the Transmittal Memorandum so that it works as an appropriate cover letter to be sent to the plaintiff and plaintiff's attorney, so that they understand what it is they are getting in the mail. I'd recommend deleting the last sentence "An additional copy of the Motion..." since it won't be applicable. I'd suggest adding a sentence in which you kindly request that they file with the court a response to your motion in the form of a "Plaintiff's Acquiesce To Defendant's Motion to Set Aside". That should help prevent the need to have a hearing on the matter, if that's even required in your jurisdiction.

 

Once you get your stamped copy of your motion back from the clerk, submit a dispute of the public record with the credit bureaus asking for it to be deleted on the basis that the judgment has been vacated and attach a copy of the stamped motion to your dispute. That should get it deleted right away.

 

Even if you are required to have a hearing on this matter in your jurisdiction, it wouldn't be hard to handle. You just basically would tell the judge verbally that you'd like to have the judgment vacated on the grounds of it being paid-in-full. Just be sure to take, as evidence, whatever proof of payment/satisfaction of the judgment you have.

 

If there are any questions I can answer, I'll do my best. Keep in mind, I'm not an attorney and this nor any of my previous or future messages should be construed or interpreted as legal advice.

 

 

 

P.S. I noticed some typos that MS-Word didn't catch, so please be sure to spell-check these pleadings before filing.

Edited April 19, 2014 by policebox

[Demonico]

Thank you for those. I'm in Utah and the court here has a form they want you to use which is actually what I am basing my assumption of a hearing on. The form the provide includes verbiage that indicates there would be a hearing. I'll definitely discuss it with the court clerk.

 

My aversion is really just that since moving to UT I really don't care for the law enforcement or the judicial system here. I've had nothing but bad experiences and either most are very jaded or really like to throw their weight around.

 

Looking over your forms I do have a question. There are a few references to enclosing documents that these debts were satisfied. The documents that I have proving these are satisfied came from the courts because each was actually required to be satisfied before I could buy my house 2 years ago. At that time my LO and i contacted them to request that they file a motion (I don't recall the specific name of the document) with the courts stating that the judgements were satisfied. Do you think I would need to include a document they are going to have already? I know they have them because I also made a point to pick those up today also.

[policebox]

Thank you for those. I'm in Utah and the court here has a form they want you to use which is actually what I am basing my assumption of a hearing on. The form the provide includes verbiage that indicates there would be a hearing. I'll definitely discuss it with the court clerk.

 

My aversion is really just that since moving to UT I really don't care for the law enforcement or the judicial system here. I've had nothing but bad experiences and either most are very jaded or really like to throw their weight around.

 

Looking over your forms I do have a question. There are a few references to enclosing documents that these debts were satisfied. The documents that I have proving these are satisfied came from the courts because each was actually required to be satisfied before I could buy my house 2 years ago. At that time my LO and i contacted them to request that they file a motion (I don't recall the specific name of the document) with the courts stating that the judgements were satisfied. Do you think I would need to include a document they are going to have already? I know they have them because I also made a point to pick those up today also.

 

You may be okay without them. But if it comes to a hearing, I'd rather be able to hand a judge the document he/she wanted to see, rather than telling him/her that he/she can look it up in the computer. I think some judges are laid back, especially when a person is filing pro se, but I can imagine some judges could choose to be dicks and tell you, "if you don't have the paper, then your case is dismissed." However, I'm basing this on episodes of Judge Judy.

Edited April 19, 2014 by policebox

[shifter]

never go into court unprepared.

[ICANHASMUNY?]

Rule 58B. Satisfaction of judgment.

 

(a) Satisfaction by acknowledgment. A judgment may be satisfied by the owner or the owner’s attorney by filing an acknowledgment of satisfaction in the court in which the judgment was first entered after payment of the judgment. If the owner is not the original judgment creditor, the owner or owner’s attorney shall also file proof of ownership. If the satisfaction is for part of the judgment or for fewer than all of the judgment debtors, it shall state the amount paid or name the debtors who are released.

 

( Satisfaction by order of court. The court in which the judgment was first entered may, upon motion and satisfactory proof, enter an order declaring the judgment satisfied.

 

© Effect of satisfaction. Satisfaction of a judgment, whether by acknowledgement or order, shall discharge the judgment, and the judgment shall cease to be a lien as to the debtors named and to the extent of the amount paid. A writ of execution or a writ of garnishment issued after partial satisfaction shall include the partial satisfaction and shall direct the officer to collect only the balance of the judgment, or to collect only from the judgment debtors remaining liable.

 

(d) Filing certificate of satisfaction in other counties. After satisfaction of a judgment, whether by acknowledgement or order, has been entered in the court in which the judgment was first entered, a certificate by the clerk showing the satisfaction may be filed with the clerk of the district court in any other county where the judgment has been entered.

 

 

rule 60. Relief from judgment or order.

(a) Clerical mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.

( Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc. On motion and upon such terms as are just, the court may in the furtherance of justice relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time and for reasons (1), (2), or (3),not more than 3 months after the judgment, order, or proceeding was entered or taken. A motion under this Subdivision ( does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order or proceeding or to set aside a judgment for fraud upon the court. The procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

[MrDonivan]

I just received a letter back from our courts stating that the 2 judgments I requested to be VACATED, both motions DENIED due to the fact that they were both discharged in Bankruptcy.

 

Maybe I am misunderstanding the intent and purpose of this process.

[astro777c]

These judgements issues are a certain 7 year death sentence to our otherwise good credit reports. Not to hijack or the like but i'm also in a Catch 22 ordeal with a single PAID judgement and found only one single attorney in my area who has helped a client get a vacate, and as much as I hate to go that route I tried to approach this backwards rural town court and the only answer the clerks keep giving me is that the Satisfied Judgement document is all I need. BS!

 

Everything that's been consistently mentioned on Creditboards & WhyChat is the proper avenue required to force the CRA's to dump these deadly anchors.

 

I hope better progress for you OP in another try. Some court's are so out of touch where I am at it looks like I might have to go the legal representation route which could end up costing more than the judgement I paid.

[Demonico]

The problem for me is that EX and TU have the information correct from the records I got from the courts EQ is wrong so I'm going to try Whychat's letter for that. From what I've read UT will allow me to get them vacated but I don't want to file the motion and end up doing it wrong and having a judge tell me I can't try again. I've also attempted to contact a local lawyer with not a single response (I've only tried a few though). I'm going to take the info that policebox posted and modify it and then post it here for a critique but it hasn't made it to top priority yet.