Addy

Judgment appeal

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So I  have a judgement from 2014 that is stating not found/unserved. It's for medical debt. I have another one that states non-suit also from 2014. I'm trying to fix up your credit and obviously I can't pay these. How would I go about appealing them? I'm in Virginia Beach,va

Thank you in advance!

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17 hours ago, Addy said:

So I  have a judgement from 2014 that is stating not found/unserved.

Is this a judgment or a lawsuit?  There is a difference because if the suit was never served there is no judgment.

17 hours ago, Addy said:

I have another one that states non-suit also from 2014.

Non-suit in VA usually means the Plaintiff dropped the case. 

17 hours ago, Addy said:

How would I go about appealing them?

If the Plaintiff(s) already got default judgments (or you lost) it is way too late to appeal.  You only have 30 days from the time the verdict is entered to file an appeal.  If you can't pay them BK may be a good option to discuss with a BK attorney.

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Hang on,  You said that you are trying to clear up your credit.  Are these reported on your credit?  If so, who is reporting them?  There should be nothing under public records as far as judgments go, because one that is a non-suit never got to the point where it would be a judgment, and the other showing not served likewise never made it far enough to become a judgment.  Where exactly are you seeing these reported?

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8 hours ago, Clydesmom said:

Is this a judgment or a lawsuit?  There is a difference because if the suit was never served there is no judgment.

Non-suit in VA usually means the Plaintiff dropped the case. 

If the Plaintiff(s) already got default judgments (or you lost) it is way too late to appeal.  You only have 30 days from the time the verdict is entered to file an appeal.  If you can't pay them BK may be a good option to discuss with a BK attorney.

Idk I'm assuming lawsuit since I found the records under court case information but they also say judgement.  They are both on experian and Trans union. I've disputed them and they won't be deleted.

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5 minutes ago, Addy said:

Idk I'm assuming lawsuit since I found the records under court case information but they also say judgement.  They are both on experian and Trans union. I've disputed them and they won't be deleted.

"Judgment" doesn't necessarily mean that the suit went through.  Every final decision the court makes in a case is a "judgment" per se.  If they threw it out or non-suited it that is a judgment but not one the plaintiff can collect on. 

Looking at the two documents you posted those are lawsuits but neither resulted in a verdict/judgment for the plaintiff.  

What exactly is reporting on Trans Union and Experian?

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14 hours ago, Addy said:

OK so only on Trans union not Experian

Unfortunately it is reporting as a public record and reporting correctly as they filed a case against you.  Those are not judgments.  There is nothing you can do to remove a valid public record unless the Plaintiff completely withdraws their case.  The risk you take in fighting this now is that you wake them back up, they get you served and you have to fight the lawsuit.  I would lay low on this until the SOL expires.  The problem you have is if the case is still active in the court system then the SOL is tolled until it goes to trial or dismissed.

You could try disputing based on there being NO reason to report a suit that was never taken to verdict and was dismissed.  It isn't a judgment therefore should not affect your credit.  Again, keep in mind you could simply wake this creditor up who refiles and takes you to court

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What would the SOL be on this? I had one other one that showed dismissed which was the exact same thing and when it was removed my credit went up like 7 points. And when I get inquires I get told I have judgements so why do they say that if you're saying they arent?

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7 minutes ago, Addy said:

What would the SOL be on this?

ln Virginia a medical bill is most likely going to fall under the written contract law(s) since you sign a financial guarantee so the SOL would be 5 years from the date you received the care.  When did you get the care?

8 minutes ago, Addy said:

And when I get inquires I get told I have judgements so why do they say that if you're saying they arent?

They are listed as a public record and typically those are not listed unless there is a judgment.  The creditors are assuming that the trade line hasn't been updated from when the case was filed and they are judgments.  They don't always read the details of the trade line they only see a public record and rubber stamp a denial simply because it is there.  

The tricky part in fighting this is the SOL.  If they still have time to sue you I would not necessarily poke the bear trying to remove it.  If the SOL to sue again on this debt is past then I would fight to get this removed if they really don't have a judgment.  You might send a friend to the court house to get copies of everything so you can see exactly what was done and if there really is a judgment you don't know about.  I am pretty sure there isn't but until you see what is in the file you can't be 100% sure.

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21 hours ago, Clydesmom said:

ln Virginia a medical bill is most likely going to fall under the written contract law(s) since you sign a financial guarantee so the SOL would be 5 years from the date you received the care.  When did you get the care?

They are listed as a public record and typically those are not listed unless there is a judgment.  The creditors are assuming that the trade line hasn't been updated from when the case was filed and they are judgments.  They don't always read the details of the trade line they only see a public record and rubber stamp a denial simply because it is there.  

The tricky part in fighting this is the SOL.  If they still have time to sue you I would not necessarily poke the bear trying to remove it.  If the SOL to sue again on this debt is past then I would fight to get this removed if they really don't have a judgment.  You might send a friend to the court house to get copies of everything so you can see exactly what was done and if there really is a judgment you don't know about.  I am pretty sure there isn't but until you see what is in the file you can't be 100% sure.

What would the SOL be on this? I had one other one that showed dismissed which was the exact same thing and when it was removed my credit went up like 7 points. And when I get inquires I get told I have judgements so why do they say that if you're saying they arent?

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I'm not sure when I got the medical care.  I have numerous medical bills that's what it ruining my credit report all medical bills. Can anyone really go and ask for my file like that?

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On 9/10/2016 at 6:27 PM, Addy said:

Can anyone really go and ask for my file like that?

Ask for what file?  If you mean your credit report:  if they have a permissible purpose, yes they can.  A creditor who you are asking to extend you credit can pull your credit file.  Also, a collection agency that is given your account to collect on then has a permissible purpose to pull your credit as well. 

Since this is related to medical debt as long as the collection agency has a business agreement signed and in place with the medical provider they can access your medical records if needed to verify the care as part of validation for collection efforts and it is not a HIPAA violation.

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Hi guys, just thought I'd share my experience with you guys, I have been dealing with bad items on my report for years, I tried calling my credit card providers after I consulted an expert from (removed), his name's Herman, now he advised me to call my credit card provider and explain that I would like to go on a vacation and based on my credit card limits I can't embark on my journey so I would like for my credit card limit to be increased, now the trick behind this is that if my debt percentage was say 20% out of a $5,000 monthly limit  which would be $1,000 debt and I have this limit increased to say  $10,000, now what I have done is increase my debt percentage to 10% as $1,000 of $10,000 would be just 10 % debt instead of the initial 20% debt,  this actually made my credit score  go up, pretty straightforward trick that depends on your confidence and spirit when you call your credit card providers, I hope this was helpful for everyone, cheers!

Edited by BV80
Name of company removed by moderator

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On 9/9/2016 at 10:38 PM, Clydesmom said:

Unfortunately it is reporting as a public record and reporting correctly as they filed a case against you.  Those are not judgments.  There is nothing you can do to remove a valid public record unless the Plaintiff completely withdraws their case.

 

I know that I am new to the forum and just recently posted a question of my own, but the above statement is not true. I hope that I do not sound arrogant our disrespectful, just wanting to return some help done I am here to get done help. I actually learned how to remove ANY public record completely legally. The attorney wanted my to pay$550.00 for EACH one on each report. I was able to uncover how he did it and did it myself and in the last 6 weeks removed ALL my judgments. I have included pictures from 09/15 asks 09/28 both have different judgments that are no longer reporting. The first picture is the from of my TU dated report. The second is the reverse side showing deleted. The third page is the one I just received today from Experian showing a didn't set deleted. In all I have removed 8 judgment ranging from 6 years old to less than 12 months ago totaling over 45k. They were the easiest thing I have ever gotten deleted.

2016-10-03_19_55_43.jpg

2016-10-03_19_57_47.jpg

2016-10-03_19_58_46.jpg

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