defeatCA

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About defeatCA

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  1. Yeah, that's not too bad. I found a link referring to the applicable law in Florida. http://definitions.uslegal.com/m/motion-to-vacate-judgment/ Also interesting: If you included a judgment in Florida in your BK and got discharged, you can file a motion to cancel that judgment one year after discharge. The granted motion can be used to get it off the credit-report AND the judgment is considered "satisfied" - which means that even judgment liens that weren't discharged are now void. In theory, the judgment would still exist and MIGHT still be reported as satisfied but chances are high that the CRAs are going to delete it because you have proof that your motion to cancel the judgment was granted. If they still don't remove it, you could file a motion to vacate based on the fact that the discharged judgment is now officially "satisfied" - and in that case, the law of my posted link applies again. It took me quite a while to learn all these issues because I wanted to get rid of my judgment on my CR after discharge - that's how I got aware of these laws. In January 2012, I can file the motion to cancel after BK. That's when I reach the one year post discharge-mark.
  2. Disputing old but valid derogatory tradelines can actually LOWER your score if they are verified but weren't updated for a while. The derogatory impact is "refreshed". The strange thing is that even under dispute - as willingtocope pointed out correctly - it isn't a safe call that disputing could temporarily increase your score. If the derogatory information is old but the account is older than your average age of accounts, the dispute of the DEROGATORY account might even LOWER your score while the investigation is on. It does sound crazy but that's how the system works...
  3. That depends on State Law. In many States - like Florida - the satisfaction of a Judgment is actually a reason to file a motion to vacate. Since the OP has an agreement with the plaintiff, the OP should contact said plaintiff and demand the judgment to be vacated. The plaintiff can always vacate the judgment.
  4. Congrats! I'm currently dealing with RJM as well. They verified a balance on a reported accounted I disputed AFTER I was discharged through CH7 BK. They also re-aged the 5 year old debt and reported it would fall off 2018. I sent them a CMRRR along with a copy of my credit-report and demanded deletion of the TL from all credit-bureaus within 30 days or they would be sued by my BK-attorney for FCRA- and BK-law violations. Let's see how they react.
  5. Looking at the age of the account, I wouldn't worry too much. It's going to fall off your report next year. The 16 cents should not re-age your account because I don't believe that 16 cents brought your CC-account current again, right? So the account is still going to drop off 7 1/2 years after the DOFD. I'd say you should obtain a credit-report directly from the bureaus in question and check what info they provide (DOFD, scheduled drop-off date etc.) and make sure it's accurate.
  6. Check this out - that's what I found: http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml
  7. Date of First Delinquency (DoFD) is the important one. The reporting-date is just what the name says it is: The date it was reported. How long it stays on file is determined by the DoFD.
  8. Well, just returned from my hearing. Unfortunately, it was ruled that "55.145 Discharge of judgments in bankruptcy. At any time after 1 year has elapsed since a bankrupt or debtor was discharged from his or her debts, pursuant to the act of congress relating to bankruptcy, the bankrupt or debtor, his or her receiver or trustee, or any interested party may petition the court in which the judgment was rendered against such bankrupt or debtor for an order to cancel and discharge such judgment. The petition shall be accompanied by a certified copy of the discharge of said bankrupt or by a certified copy of the order of confirmation of the arrangement filed by said debtor. The petition, accompanied by copies of the papers upon which it is made, shall be served upon the judgment creditor in the manner prescribed for service of process in a civil action. If it appears upon the hearing that the bankrupt or debtor has been discharged from the payment of that judgment or of the debt upon which it was recovered, the court shall enter an order canceling and discharging said judgment. The order of cancellation and discharge shall have the same effect as a satisfaction of judgment, and a certified copy thereof may be recorded in the same manner as a satisfaction of judgment. This section shall apply only to liens under judgments or obligations duly scheduled in the bankruptcy proceedings." applies. So I have to wait for another 10 months to have the judgment vacated. seems it doesn't make a difference if there is a lien or not. Hower, it was denied WITHOUT prejudice and the friendly judge told me I should simply come back in January. She even provided me with a copy of the legal language (55.145) which was very nice. After all, getting it off my credit-report in 10 months is still better than 12/2014 - the date it is supposed to age off.
  9. Fortunately, there was never any judgment lien connected to this judgment. I owned a house in the past but that already went through foreclosure BEFORE the judgment was entered against me. The car I'm owning right now is 11 years old and has a value of about $1,000 - and I still owe $1,200 on it. In addition, in Florida, liens can't be placed on cars that have a value of $1,000 or less. My CH7 was a no asset case as well. So I guess I got my back covered. But you are right: If judgment liens exist, it's a bit more complicated to have them vacated.
  10. Thanks, Mom..(; I'll try my best. I was thinking about another thing: Since the Plaintiff's attorney will be present over the phone as well, I was wondering if they could object to my motion in the first place. An objection could be considered a violation of the permanent BK injunction, right?
  11. UPDATE: There is a hearing for my motion in 8 days. In idea what documents I should bring? So far I have the: - Motion I filed - Notice of hearing I received from the other party - A copy of the legal paragraphs (524 and the Florida Rule) I'm basing my motion on - A copy of my BK-petition - Notice of discharge I received by mail. Did I miss anything?
  12. I'd say you should dispute the accounts/collections with the credit reporting agency first, stating that these derogatory items should be deleted due to their age. As proof, attach a copy of the credit-report from 2008. If this debt is that old, keep in mind that the CA won't be awarded a judgment against you if you make the claim with the court that the debt has exceeded its SOL. In addition, if they don't remove the account after your dispute, you can sue THEM for a violation of the FCRA.
  13. Oh, momof5, one additional question: Did you file your motion with the court where your judgment was originally obtained against you? I'm asking because I did and you used BK-law in your motion....
  14. Cool, thanks for the info! I see you're from Florida as well, momof5. Did you have to wait an entire year after your discharge before your judgment was vacated? I'm asking because somebody else on a different forum mentioned that there is such a law.. BTW, here is my motion. I hope the court won't reject it because I mentioned a different law: IN THE CIRCUIT COURT IN AND FOR XXX COUNTY, STATE OF FLORIDA XXX., Plaintiff, Case No.: XXXXX vs. (me), Defendant(s). ____________________________________/ DEFENDANT’S MOTION TO VACATE JUDGMENT Comes now the defendant, (me), hereby files his motion to vacate final judgment, pursuant to Rules 1.540( Fla. R. Civ. P., states: Florida Rule of Civil Procedure 1.540( provides in pertinent part: On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, decree, order, or proceeding for the following reason:… (5) that the judgment or decree has been satisfied, released, or discharged, or a prior judgment or decree upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment or decree should have prospective application. The defendant, (my name), filed for Chapter 7 Bankruptcy on the 24th day of September, 2010, Case No.: XXX, and received his Final Decree of discharge from the United States Bankruptcy Court, XXX, on the 6th day of January, 2011. The judgment was included in the defendant’s Bankruptcy Petition and was discharged. WHEREFORE, Defendant requests this court grant Defendant’s motion for vacating judgment. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via regular U.S. Mail to: XXX on this 11th day of February, 2011. I guess if the court rejects it, I'll try again on legal basis you just posted.