utman17 Posted February 9, 2003 Report Share Posted February 9, 2003 Looking for help and answers...Only on one of my credit reports I have this civil judgment it was entered in 3/98 for the amount of 3181.00, I do not recall signing anything from this matter. The plaintiff is North American Capital. What are my best ways of getting this taken care of?1. Pay it off? Link to comment Share on other sites More sharing options...
bingo Posted February 9, 2003 Report Share Posted February 9, 2003 First of all, are you sure there is a judgment. Go to the courthouse and ask for the casefile. If there is a judgment, look at the method of process and service and see if it onforms to state law. If it doesn't, you may be able to get the judgment vacated. Link to comment Share on other sites More sharing options...
utman17 Posted February 9, 2003 Author Report Share Posted February 9, 2003 Can I call them and get this info, I now live 4 hours away from where this is, and what would I be looking for? Link to comment Share on other sites More sharing options...
bingo Posted February 9, 2003 Report Share Posted February 9, 2003 Call the court clerk's office or, see if they have online access. Ask if they have a record of any judgment against you. Link to comment Share on other sites More sharing options...
utman17 Posted February 9, 2003 Author Report Share Posted February 9, 2003 Will do that Monday and let you know, thanks for your help and your time... Link to comment Share on other sites More sharing options...
utman17 Posted February 11, 2003 Author Report Share Posted February 11, 2003 Yes it was there, filed in 7-12-96 3181.59, issued citation 1-6-98 default 3-9-98 abstract 4-6-98, now what do I do? Link to comment Share on other sites More sharing options...
bingo Posted February 11, 2003 Report Share Posted February 11, 2003 You'll need to get the case file and see if the service and process conforms to state law. Also. this site has a link to the SOL on judments by states. See how long a judgment last in the state. Link to comment Share on other sites More sharing options...
utman17 Posted February 11, 2003 Author Report Share Posted February 11, 2003 service and process as in? It stays 10 years, but is that from the file date or the served date? I do not recall getting served.. Link to comment Share on other sites More sharing options...
utman17 Posted February 12, 2003 Author Report Share Posted February 12, 2003 Any help here? Link to comment Share on other sites More sharing options...
bingo Posted February 12, 2003 Report Share Posted February 12, 2003 OK, all states have a procedure in which a lawsuit can be filed even if the defendant can't be located. It can be anything from a letter to the last known address to a legal notice in a newspaper and everything in between. Your file must include a description of how you were served. If it doesn't conform to state law you have grounds to have the judgment vacated. But, you have to get the file and see what's there before you can make any claims. Link to comment Share on other sites More sharing options...
hollypc Posted February 15, 2003 Report Share Posted February 15, 2003 Before trying to vacate a judgement, does it do any good to sent some sort of validation letter to the OC or a dispute letter to the CRAs, before going through the whole court process? Link to comment Share on other sites More sharing options...
bingo Posted February 15, 2003 Report Share Posted February 15, 2003 A judgment is a statement of fact. There is no doubt as to the validity of the debt in the eyes of the legal system. No one needs to respond to validate when they have a judgment. You have to undo the judgment before you can do anything else. Link to comment Share on other sites More sharing options...
hollypc Posted February 16, 2003 Report Share Posted February 16, 2003 Actually, I worded that wrong...What I should have said was do you think it would do any good to dispute the judgement with the CRAs as "not mine", before going the whole court route?Thanks. Link to comment Share on other sites More sharing options...
LadynRed Posted February 17, 2003 Report Share Posted February 17, 2003 Probably not, as all they'll do is access the public records and find the judgment there in your name and it'll be 'verified'. Link to comment Share on other sites More sharing options...
utman17 Posted February 18, 2003 Author Report Share Posted February 18, 2003 thats what they did, how long does it stay on your report 10 years? If so is this from when it was filed or issued ?? Link to comment Share on other sites More sharing options...
LadynRed Posted February 18, 2003 Report Share Posted February 18, 2003 Negative info stays on your report for 7 years, but the duration of the judgment itself is based on your state laws. Judgments are also renewable, so they can hang around a LOT longer. The catch to this is that the SAME entity that got the judgment must renew it, no other party can renew a judgment.It is reported from the date the judgment is rendered. Link to comment Share on other sites More sharing options...
utman17 Posted February 18, 2003 Author Report Share Posted February 18, 2003 It was on all three, I disputed it about 6 months ago, now it is only on one of them. I disputed it again, when I had my mother go by and get the info for me she said that they had called on it. So im sure it will be verified again. Link to comment Share on other sites More sharing options...
hollypc Posted February 19, 2003 Report Share Posted February 19, 2003 So Utman...You disputed the judgement with the CRAs and it came off two of your reports? Link to comment Share on other sites More sharing options...
utman17 Posted February 19, 2003 Author Report Share Posted February 19, 2003 yes it was on all 3 on my old reports, but as of 2-1-03 its only on Transunion Link to comment Share on other sites More sharing options...
hollypc Posted February 19, 2003 Report Share Posted February 19, 2003 I am going to try to dispute it as not mine to see if it will come off. If it doesn't I'll see what I can do at the courthouse. Link to comment Share on other sites More sharing options...
IronMan Posted February 19, 2003 Report Share Posted February 19, 2003 Bingo's corret.You MUST vacate this judgment if you weren't properly noticed. Check on my other posts to get ideas. You have to attack the service first, get the MTV granted and get this thing reheard.If this action was brought by a CA in the first place, you may be able to add the fact that the CA had no standing to bring about the action too.Cheers! Link to comment Share on other sites More sharing options...
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