Judgment in Florida, but it is not going to be recorded??

[robman123]

I signed on a lease for my ex wife while we were going through our divorce (she could not get into a place without me signing on the lease). After a year or so I was notified by her landlord that she had not paid her rent for about four months! I was shocked and also surprised that the landlord did not notify either her or myself earlier? To make a long story short she moved out and the landlord ending up filing suit (against both of us) and got a judgment. I tried negotiating with the landlord throughout the process. I did not find out about the lawsuit until right before we were scheduled to go to court because I had moved within the last year and did not receive any of the correspondence.

 

I was told by the landlord's attorney that if we pay off a reduced amount via monthly payments over a two year period (the settlement that my ex was supposed to adhering to) that the landlord will not pursue any further collection processes and that the judgment will not be recorded.

 

I am in Florida and my question is will this show up on my credit report if it is not recorded? I am not exactly sure what the difference is between a recorded judgment and a non recorded judgment. I can pay the settlement amount right after the first of the year.

 

I am trying to avoid this showing up on my reports as they are almost clean and I am looking to buy a home next year.

[robman123]

I am trying to determine if this will show up on my credit reports if it is NOT recorded?

[Mustard on Fries]

The place to start is to go online, and find your county records. Usually you can view them for free, and print them or order them small fee.

 

That way you can see a copy of the info for yourself.

 

Personally, I've never heard of anyone getting a judgment that was not recorded. But I am far from an expert in this matter.

 

Were you ever actually served?

[cashnocredit]

It won't. Recording a judgment is what puts it in the public record. I had to evict a tenant 30 years ago that stopped paying rent because her husband had left her. She had a couple of kids. Still, I couldn't just let her live in my condo month after month for free. I had to file suit and go through all the legal requirements needed to evict a non-payer but at the end of the day I did not want to penalize her further. I didn't have the judgment recorded. I hope she was able to find work and a place and raise her kids and there was little point to being vindictive.

 

EtoA: My case was in CA but I believe the process is the same in most places. One has to record an "abstract of judgment" in a county recorder's office. This is the database the CRAs use.

Edited September 24, 2014 by cashnocredit

[robman123]

Thanks cashnocredit. I was kind of thinking that might be the case. I tried to help my ex get back on her feet (way too many times) and got burned. Her landlord had no interest in going after her as he figured he would get better results coming after me. I just wish the landlord would have not let her go over four months without paying the rent! I could have intervened and this would not have gotten so far out of hand.

 

A valuable lesson learned!!!

[mk_378]

Don't trust what they tell you on the phone. Get the payment plan in writing. It should also state that as long as you comply and make the payments, the judgment will not be recorded nor will anything otherwise be reported to CRA's. After the agreed amount has been paid off, they must be willing to vacate the judgment to make sure it can't be reported.

 

When you're stuck in a situation being co-signed on something and you can't be sure that the other guy is actually paying, it is a good practice to contact the creditor every month and make sure there is no delinquency.

Edited September 24, 2014 by mk_378

[classicsal]

I would check the county web sight then subscribe to a credit monitoring service to keep an eye on things, Also Nexis Lexis is the company that may have this info reported so I would get a free copy of your file from them. Search them, their on here much.