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Hello everyone. I am new here. Please, help me out.

I had a judgment against me in 2008. Not only I was not served properly, they simply dropped off the package by the door at the address I have not been living for years (I found out about it by pure accident when one of the neighbors who happened to know me told me about some package several weeks later) but the item they sued me for was not even mine. I had filed an Identity Theft report and two police reports of stolen identity. I have notified all credit bureaus. I also notified the creditor in writing that I had an extensive fraud on my account and the item was not mine attaching a police and ID theft reports. I told them that the default judgment they obtained against was illegal. The item was disputed and removed from all credit bureaus, and so was the judgment after all when it was posted.

My question is, what happened to the judgment after it was removed from my credit report by all 3 bureaus?  Does it mean I do not have a judgment against me anymore? Would it still show on other public records?  (I never contacted the Court that issued it). Can the creditor still go after me? (Its been 7 years and I have not heard from them).

Ps. I am in California

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I would say it's almost a certainty that you still have a judgement against you, and that if you contact the court in question, they will still have it on their records.  You will have to get the court to vacate it, or it could jump up and bite you later.  As long as that judgement stands, the creditor can still come after you.  SOL on judgements is much longer than SOL on, say, a credit card account--10, 20, or more years (depending on the state).

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Howdy,

Judgments in CA carry a 10 year SOL if I got it right, and it is also renewable.  So the short answer is yes, the judgment still exists.  Acorn is right, you need to go through the courts to get the judgment vacated.  Otherwise, the debt collector can sell it  off to the next JDB in line and they could try to collect on it, and on and on.  You will need to contact the court where the judgment was obtained and file a motion to vacate. 

Wheels up,

Stick

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Thank you for your replies,  Stick and Acorn. I wonder, if I pull my public record from the court, would the creditor be notified of it? I just don't want to wake up the "sleeping bear" before I am ready... Another question, would I need a Lawyer to vacate the judgment? what's the procedure on this?

 

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you can go to the court, or even look up your name online for that court house and see if a judgement still exists.  If it does, you can file a motion to vacate yourself, you would need all your evidence to attach to the motion. and send a copy of it to the plaintiffs.

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You still probably have a judgment against you.  It will be hard but not impossible to vacate even after such a long time.  You should go to the court and ask for the case file.  Look for and copy the whole file if you can.  You are especially looking for the proof of service of the summons and complaint as well as any proofs of service of the request for entry of judgment and any post-judgment collection efforts. 

 

I strongly suggest that you consult with a consumer lawyer to get help.  If you send me a PM and tell me the county where the judgment was entered, I will try to help you find one.

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You might be able to sue the process server for fraud - but you need to get the case file and the proof of service.

 

If the proof of service is *off* then I would go after the process server - fraud can be claimed up to 4 years after discovery.

If the process server is still active, they are required to carry a surety bond - serve a copy to the surety insurer as well.

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Hey guys, I was able to get the summary of the case on line;

the case status : Disposed

I have attached the history of case. Would someone explain me what it all means?? And, the most importantly, am I judgment  free?

 

case summary jd.pdf

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4 minutes ago, yuliV said:

Would someone explain me what it all means?? And, the most importantly, am I judgment  free?

I am no lawyer but based on that it looks like the judgement was vacated and then the entire case dismissed with prejudice.  If I am reading it correctly not only are you judgment free but they can't legally sue you again for the debt.

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