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Judgement or not?


krisb74
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We are in the process of combing through our CR and trying to clean them up. About 18 mos ago my husband was served with a notice for court for a judgement for a medical bill. We paid this to the OC before the court date and received (and i can't find it) something back in the mail from them which we thought was something stating paid and dismissed or such. This is showing on his CR as a judgement. To our knowledge no judgement was entered as it was paid. I went onto the state court site and it is listed in the disposition status as: small claim-disposed by clerk. Does this mean dismissed? We have sent in a dispute on the CR but heard nothing back yet. If it does mean dismissed, it shouldn't have been on there in the first place? Thanks in advance!

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You need to call the court and find out if the case ever went to trial. If it was dismissed then this is just another Lexis/Nexis screw up. However there is the possibility that the OC never called off their lawyers too. So check with the court to see if there really is a judgment.

If the judgment is real, dig up your records on the payment to the OC and see a lawyer about it. There may be a case to recover damages from the OC for what happened.

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Thanks for the reply--I did contact the court, they said a release and satisfy had been filed on the case. I explained to her that we paid this b/f the court date, so then i contacted the OC. She said the court has 20 days from the day you are served to file the judgement. The OC received our payment on the 18th day. She offered to send me the copies of my money order, etc. She said that @3 days after they received our pymt. they sent a dismissal to the courts, but it had already been filed (@21 days now) so then they sent for a satisfy and release. BUT, we feel that if they received the payment in time, it should not have been entered regardless. This item showing on my husband's CR is certainly not helping us out any, we're trying to make it better. We have disputed it w/all CRA and are waiting back a response. I just feel it isn't fair at all to have that mark on there when we did take care of it within their time period. Any suggestions as to where to go from here?

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The OC is liable for the mistake in this case. They had the payment but failed to stop the court juggernaught for 3 days. Although they are making a good faith effort, it is still a mistake on their end for not filing in time.

Call the clerk again and explain the situation. If the OC is willing to write a statement to the court, you may be able to have a judge overturn the judgment as it is not in the interests of justice and against public policy.

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