Foul play with a "Notice of Satisfaction"

[Gdegrees]

OK, I'm a newby and this is my first post. Let me say I started reading the posts in this site back in DEC 06. In Jan 07 I put some of the suggestions into action and immediatly raised my credit score 75 Pts. KUDOS TO ALL AND THANK YOU VERY MUCH!

I need some advice regarding a stisfied judgment.

Back in 2002 I purchased a home and moved out of the apartment complex I had been living in. After the move I received notice indicating that owed almost 3 times what I had anticipted. After refusing to pay and not being able to come to an agreement, they sued me and we went to court. Suffice it to say they won the judgment however not for their $647.00 but for the $235.00 that I said I owed and would pay. So although I really won, now I have this mark n my credt report.

But here's where things get interesting!

When I began the credit repair process in Jan 06, I disputed the debt with the credit bureau (can you tell I don't know the acronyms yet) and because it's public record the "verified" debt.

I contacted the court an they had no record of a "Notice of Satisfaction" being filed. I sent the apartment complex manager a letter requesting that they forward the "Notice of Satisfaction" to the court house as required by the state of Virgnia. 5 years later believe it or not the complex manager was still there? She advised that she could not find my records from 2002 or any record of ever taking me to court and that she would just send the "Notice of Satisfaction" to the court house. I thought was great?

The problem with that is the judgment was "satisfied" in Aug 2002 and when she sent "the notice" to the courts it was dated Feb 2007.

Here's the MM$ question: Due to the fact that she cannot validate that the judgment was satisfied in Feb 07 since they have no receipts that I paid, Is there any way that I can have this Judegemet deleted?

Thansk in advance!

P.S. I do have my receipts from when I actually paid the debt in 2002!

[Big Time]

You should ask a mod to move this to the "lawyer in da' house" section. I'm not sure if you can motion to dismiss after the judgement has been entered, even if they bad guy lawyers didn't do what they were supposed to.

Sounds like actual damages to me. Do you still have proof you paid what you owed?

[CantCU]

Oh, boy...I finally found a question I can help answer!

My first suggestion is to call your local court clerk's office in which the judgement was entered. Explain the situation. They are generally very nice and want to help the little guy...especially if you have paid the judgement. Play dumb with the clerk's office...these clerks love to be helpful...believe me, they've been in your shoes, and will tell you everything you need to know to get rid of this.

The terminology differs from state to state (which is why I suggest you call your clerk's office) but you can ask for a hearing to go back in front of the judge. Show the judge your proof of payment, and the "satisfaction of judgement" with the wrong date, and voila, he will either set aside the judgement, or he will enter an order with the correct date.

Get yourself a copy of the judge's order, then send it to the CRA's. It may cost you a few bucks, but in the long run, it would be worth it. If the judge is in a good mood, he might just vacate the entire judgement...and it's gone forever from your credit report.

Joan

[Gdegrees]

Big Time and CantCu:

Thank you very much for your input!

I'm on y way to the courthouse!

[bigboyinc]

Big Time and CantCu:

Thank you very much for your input!

I'm on y way to the courthouse!

Hey let me know how things work out as I am in VA and would like to get rid of a judgment

[CantCU]

Hey let me know how things work out as I am in VA and would like to get rid of a judgment

Did you call the clerk's office as I suggested? I find often they will give you a lot of information by phone, so when you head into the courthouse, you can say, "I spoke with this sweet lady, Ms. Clerk, and she said...what great asset she is to your team". Going in with a compliment of one of their co-workers makes them so appreciative(it's a thankless job) that they will bend over backwards for you.

Just a trick I learned.

Joan

[Gdegrees]

CantCU,

I called the clerk's office like you suggested. Did I mention that I reside in VA? Clerk's are not as nice an knowledgeable as the ones where you are!

The person I spoke with on the phone told me she had never heard of the "defendant" asking to have a judgment vacated. She also stated that if I had $12 dollars to give away then come on down and they would provide me with the paerwork to file, however she didn't believe the judge would even hear the case.

bigboyinc - I'll let you know the outcome but I'm not giving up!

[CantCU]

CantCU, I called the clerk's office like you suggested. Did I mention that I reside in VA? Clerk's are not as nice an knowledgeable as the ones where you are!

The person I spoke with on the phone told me she had never heard of the "defendant" asking to have a judgment vacated. She also stated that if I had $12 dollars to give away then come on down and they would provide me with the paerwork to file, however she didn't believe the judge would even hear the case.

Well, it'd be worth the $12 just to see what the judge would say. You also might just try calling back and not using legal terms (hopefully getting another clerk in the office)...just tell them what happened. "I just don't know how to fix this...this is what happened to me...yada, yada" Let them volunteer to you what YOU should do.

In other words, PLAY DUMB. They are much more likely to help you.

Joan