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Need SATISFIED judgment removed from credit


teresamb
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Hello, I'd appreciate any feedback given on this. I'm located in TN, judgment filed here as well. I have a judgment on my credit report that has already been marked as SATISFIED. I've tried to file a Motion to Set Aside the judgment, to have it removed/ dismissed from my credit report. I'm trying to buy a home and the judgment is hurting my credit scores. The court clerk told me that I can't file the motion myself, I was told that the motion MUST be filed by an attorney. I called the plaintiff's atty (Shon Leverett, with Morgan & Pottinger) back again about filing the motion but the reps keep telling me that since the judgment has already been satisfied/ released, then there is no judgment to file the motion on. Does SATISFIED mean the same thing as RELEASED? Is there a chance that I can dispute the judgment with the CRA using the "Motion of Satisfaction" and "Lien Release" only, or MUST I have that Motion to Set Aside filed and signed by the judge? Please advise... Thanks in advance!!

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Guest usctrojanalum

This would be tricky to research.  What you want to do is find statutory or case law that defines what happens to a case or judgment after it is denoted as satisfied.  In the State of New York, once a satisfaction of judgment is filed the entire case and debt is considered extinguished, and there can be no other motions or court action on the case (there are a few exceptions like fraud, misrepresentation and mistake).

 

I would start by searching the rules of civ pro, or the equivalent in your jurisdiction and start by looking under "satisfactions of judgments, generally" usually that's a good start.  if you find a source that is annotated, that would be much better.

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