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My judgement was set aside. What does that mean for my credit reports?


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I have a few questions. I found a judgement on my cr last summer for a default judgement from 2010. I was never served and didn't know anything about this. I filed a motion to set aside the default judgement and it was granted. I now have a certified copy of a Certificate Of Full Satisfaction Of Judgement and the status says Judgement Set Aside. I am going to copy it and mail it to each of the 3 CRA's. so my question is, will the judgement be removed? Or are they going to update it and say that the judgement has been satisfied? I want it removed completely. What do I write in a letter to make sure it is removed?

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I have a few questions. I found a judgement on my cr last summer for a default judgement from 2010. I was never served and didn't know anything about this. I filed a motion to set aside the default judgement and it was granted. I now have a certified copy of a Certificate Of Full Satisfaction Of Judgement and the status says Judgement Set Aside. I am going to copy it and mail it to each of the 3 CRA's. so my question is, will the judgement be removed? Or are they going to update it and say that the judgement has been satisfied? I want it removed completely. What do I write in a letter to make sure it is removed?

You send a copy of the courts order with a letter stating that this letter starts the 21 day safe harbor clock to get this crap off my reports or you could be in violation at the end of the 21 day period.

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Thank you! Can I also use that to remove something else off my cr that was disputed in August but is still showing as disputed by consumer?

Better to keep the two issues separate. Send a separate letter after you clear up the judgement issue with them.

 

Loved Seadragon's advice about the 21 day clock. Keep good records - you may just have to sue them after the 21 days have passed.

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  • 3 weeks later...

Most states have a rule in their rule of trial procedure that states if a judgment has been satisfied it can be vacated.

Since you have the certificate of satisfaction file a motion to vacate siad order due to your states RTP's.

 

When a judgment is satisfied is shows and the certificate of satisfaction, or release of judgment, in some states, has been filed all the credit reporting agencies are required by law to do is report the judgment as it stands, released is most common.

 

The only way to get it deleted from the credit report is to have it vacated. A vacation by the court in essences says that the judgment never existed.

 

The Federal rule is Rule 60: Relief from judgment or order

b: Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable;

 

 

 
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The rule you've cited is for relief of a judgment.  A motion to vacate and relief of judgment can be 2 different things.  A motion for relief for a satisfied judgment means you are relieved from the consequences of that judgment.  Those consequences might be wage garnishment or a lien on your property.  The motion for relief removes those consequences.

 

Where is the case law that shows a judgment that has been voluntarily paid can be vacated as if it never existed?

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(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable;

 

The relief you ask for is for the judgment to be vacated. Relief as defined in blacks law dictionary; generic term for all types of benefits which an order or judgment of court can give a party to a lawsuit, including money award, injunction, return of property, property title, alimony, and dozens of other possibilities.

 

The specific relief you ask is for it to be vacated.

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(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable;

 

The relief you ask for is for the judgment to be vacated. Relief as defined in blacks law dictionary; generic term for all types of benefits which an order or judgment of court can give a party to a lawsuit, including money award, injunction, return of property, property title, alimony, and dozens of other possibilities.

 

The specific relief you ask is for it to be vacated.

 

I've provided case law that shows some states do not allow for a voluntarily paid judgment to be vacated.  You've provided none.  As I stated in another thread, it could be state specific.  I know for a fact that MN, OH, OK, and possibly TX do not allow what you claim.

 

I know that vacating a judgment can be considered relief.  That's not the problem.  You still have not shown that relief from a paid judgment means that the judgment will be vacated.

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Ok everyone. Experian and equifax both deleted the judgment but transunion updated it and now it shows PAID/SATISFACTORY. Now what do I do? I never paid it and I want it deleted. Do I dispute it again?

 

I would send a copy of the court order to Transunion showing that the default judgment was set aside...not paid.  Explain that there is no judgment against you.

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  • 1 month later...

Transunion did NOTHING!! I am pissed now!! They are just ignoring my letters. I even highlighted in yellow where it says JUDGMENT SET ASIDE. No my cr still shows the judgment as paid. Now what do I do? I thought I was being pretty clear when I highlighted it for them and they did nothing!

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