Dreco

Judgement from September 2015

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I have recently pulled my credit report and saw that I have a judgement for about $2100.  It is from CACH LLC for a CareCredit card that I had..  I didn't go to court for this..  How can i get this removed?? 

I am willing to do a payment plan or settle the debt.. 

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Since this is now public record, it will not be removed. Even if the creditor removed it, people that the CRAs pay to look through court judgements at the courthouse will find it and put it back. If you can settle the debt (and I suggest you save up the money and settle rather than try to do payments at this point), it will then show as a paid judgement and the 7 year clock will start ticking on when it can be removed.

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how can I get it removed thru the courts??

Since I never received any letter in the mail for court or  was never served any documents.

I do alot of traveling for my job so its possible I could have missed it.. when I come home to a bunch of bills and junk mail, I just rip it and throw it away.. I could have done that to a court date document.. also my roommate could have done something with it..

anyway I read all over the internet that I could appeal it.. how do I do this.. or is it possible ??

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38 minutes ago, Dreco said:

how can I get it removed thru the courts??

You would have to file a motion to vacate the judgment which would be VERY difficult at this point.

38 minutes ago, Dreco said:

Since I never received any letter in the mail for court or  was never served any documents.

I do alot of traveling for my job so its possible I could have missed it.. when I come home to a bunch of bills and junk mail, I just rip it and throw it away.. I could have done that to a court date document.. also my roommate could have done something with it..

THIS is your biggest problem getting the judgment set aside or vacated for improper service.  If the court record indicates that service was legal according to your state's law then you were properly served and failure to defend yourself won't work.  If they didn't serve you THAT could get it vacated but you need to move quickly.  Go to the court and get copies of everything in the record especially how and when you were supposedly served.

40 minutes ago, Dreco said:

anyway I read all over the internet that I could appeal it.. how do I do this.. or is it possible ??

You only have 30 days after the judgment was entered to appeal.  It is probably too late but you would have to ask the court.  Even then an appeal is not possible based on "I didn't go to court" you can only appeal on the merits of the case and judicial error.  Not showing up to defend it pretty much negates that.

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Go to the court clerk's office where that case was filed.  Ask them to see the docket for that case.  You are looking for their proof of service.  CACH is known for not caring if you were properly served or not.  So, for example, if they claim that you were personally served at your home address, but you know you can prove that you were on the road for work on that day, then you would have a good argument for vacating the judgment. 

 

Once, I had a JDB file suit.  They claimed I was personally served.  The day and time that they claimed I was at home being served, I was in the hospital having surgery done.  I had no spouse or roommate at the time.  I got the default vacated.  The JDB gave up after I made it known that I would fight everything they claimed.

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14 hours ago, WhoCares1000 said:

Since this is now public record, it will not be removed. Even if the creditor removed it, people that the CRAs pay to look through court judgements at the courthouse will find it and put it back. If you can settle the debt (and I suggest you save up the money and settle rather than try to do payments at this point), it will then show as a paid judgement and the 7 year clock will start ticking on when it can be removed.

Definitely contact them soon.  Otherwise a wage garnishment may be next on their agenda for you. So try for payments that are less than what can be garnished in WA.  They can take up to 25% of your wages!

The judgment remains on your credit report for seven years from the filing date regardless of if it is paid or not.

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1 hour ago, PhilDanley said:

The judgment remains on your credit report for seven years from the filing date regardless of if it is paid or not.

Actually, if a state's SOL on a judgment is more than seven years, the judgment can remain on a credit report for as long as that SOL is in effect.   For instance, if a state has a 10 year SOL on judgments, they can remain on a CR for 10 years.

1681c(a)(2):

(2) Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.

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9 hours ago, BV80 said:

Actually, if a state's SOL on a judgment is more than seven years, the judgment can remain on a credit report for as long as that SOL is in effect.   For instance, if a state has a 10 year SOL on judgments, they can remain on a CR for 10 years.

1681c(a)(2):

(2) Civil suits, civil judgments, and records of arrest that, from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.

In addition to what @BV80 already said many states allow for judgments to be renewed at the end of each SOL period meaning they could potentially stay on there forever if unpaid.

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