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Just discovered old judgment, will it haunt me forever?


amphigory
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I recently found a judgment on my credit report filed in 12/2004. The case was in MO, where I lived until 2/2004 before moving to CA. The docket entries show that there was one failed attempt to serve me and then I was "served" in 2/2005 and the judgment was entered in 3/2005.

I have never heard anything about this other than seeing it on my TransUnion report and tracking it down. (it is a legit credit card debt with Citibank that has long ago fallen off my credit report). I believe it can be renewed in MO every ten years, but if it had already fallen off my credit report by that time, if it was renewed would it show up again as a new entry? Would they have to move the case to CA?

It is not an insignificant amount (a 3k debt mushroomed to a 5k judgment) but I would rather pay it than have it on my report for the rest of my life. Or is this a sleeping dog I should let lie? I just don't want to ignore it and have it show up in 2015.

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Well I would not worry about it too much unless they attempt to enforce it in California.

For them to do that, they'd petition the Court for "sister state judgment" recognition.

But judgments can be negotiated down... if you're so inclined, offer 10 cents on the dollar and see what happens. All they can do is tell you no. Since this is so old, they might be inclined to settle for pennies on the dollar.

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  • 2 weeks later...

I would pull the court file. REASON.. you want to know what is in the court file!

I was in a serious auto accident, and I contacted my creditors to tell them the story and work things out but they just laughed.... they thought that was so funny. I didn't.

anyway, one tried to serve me but the service was defective. I found out about the papers and tried to answer, but since I did not know when the court date was, it put my at a disadvantage, and I was on meds undergoing surgeries, so I was not there totally either.

I hired a company to help me settle the debts, and that was ok.... but sometimes I wonder what they did ..... they verified nothing, told me things were a good deal when they werent... and so went the saga..... Finally this company settled, under one of their other names. We paid them, they reported to the credit bureau that I paid by settlement.. they love to post the negative, but anything else they let go by.

So, I decided that I needed to go to court to vacate the judgement entered, and explain to the judge what happened, only to be horrified when I talked to the clerk at the window... The company who had filed judgement had also obtained a extract to take to banks and try to collect all and any funds.. and they found no money... they return the abstract to the court, and the case remained opened. the court believed I had never paid... well yes, it did settle, and they were paid, but they left the matter open so that if they wanted to take funds, they court still do it!!!

Now I am filing a cross complaint... they not only dinged the credit file, but they have not taken care of business as they promised, and for that reason, I am asking for damages..... they have violated my rights all over the place... so I might as well challenge them.

You want to make sure that if there is a judgement against you that the court KNOWS what is going on. I think the judge is going to be really upset when he hears that they violated him as well in these proceedings by not telling him what was going on.....

I think he needs to ding them, but if I get the matter just dismissed, I won! We will see, this matter is now over 2 years old, and considered old!

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  • 3 months later...

Uh...wait a second - not to dredge up an older thread, but I'm trying to understand something: this judgment was filed 12/2004, but you had moved to California 10 months earlier, correct?

When you say you were "served" in 2005, were you served in CALIFORNIA or were they claiming in MO?

If you were never served, have it vacated for improper service. You would need to provide proof of residence in California starting at the time, but you should be able to have it set aside. Was the debt OOS by 12/2004?

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