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mmlong · Jun 23, 2008, 02:25 PM

We, my husband and I had a judgement placed against us in 2004 over a rental property we rented. We were never notified of the judgement. I have the intention to pay off the debt because of the rental agreement. My question is will the judgement be removed from our credit reports? Any help will be helpful.

JudyKayTee · Jun 23, 2008, 02:46 PM

Originally Posted by mmlong

We, my husband and I had a judgement placed against us in 2004 over a rental property we rented. We were never notified of the judgement. I have the intention to pay off the debt because of the rental agreement. My question is will the judgement be removed from our credit reports? Any help will be helpful.

No. I will remain on your credit report as a paid judgement for, I believe, 7 years after it is bad. Unfortunately this type of problem becomes part of your credit history and potential creditors review it.

You DO have the option of contacting the credit card company and providing an explanation for the Judgment from your point of view.

mmlong · Jun 23, 2008, 02:59 PM

Could the creditor or landlord in this case remove the judgement if they agreed to it?

progunr · Jun 23, 2008, 03:11 PM

No.

It will be marked as a satisfied judgment, after you pay it and the landlord submits a satisfaction of judgment form to the court.

I would make the payments through the court were I you, so that they can track the payments and balance and you won't have to rely on your own receipts for the payments you make.

Fr_Chuck · Jun 23, 2008, 03:13 PM

Maybe, the issue here is that they did not place the judgment, the judgement is done by the court, so you will have to get the judgement satisfied or over turned,

To get a judgement they had to have a law suit, if you were not notified of the court hearing about the debt you could investigate that.

mmlong · Jun 23, 2008, 03:34 PM

We were not notified, how would I prove that

mmlong · Jun 23, 2008, 04:13 PM

I just decided to start looking into becoming a homeowner, but I have two judgements on my credit report. I've know about them for about two years now because I saw them on the reports 2 years ago, but I was never formally notified of them or "served". I've been reading a lot of other posted comments and questions on here. Can I go to the court and ask for them to be vacated?

The judgements are from a rental property I rented in 2004. The plaintiff is the lady of the couple that we rented from, but we never signed a rental agreement with her, only her husband. I'm sure they have a copy of the rental agreement with her name on it, but our copy only has his signature on it, does that matter?

If it is vacated and they are required to refile is it possible that I just pay them to stop the refile?

JudyKayTee · Jun 23, 2008, 04:49 PM

Originally Posted by mmlong

We were not notified, how would I prove that

You file in the same Court to have the Judgment overturned on the grounds you were never served -

A hearing is scheduled. The other side presents its proof. You basically have no proof other than your word so you are sworn in and you "fight" the proof of service provided by the process server/Court.

If the lawsuit is dismissed, then you will probably be served again and there will be a new hearing and you will defend on the grounds it's not your debt, it's paid, it's out of Statute, whatever your defense is.

If the Judgement is NOT dismissed for bad service, then you can be charged any additional legal fees incurred by the law firm on a frivilous matter.

If you are served again a hearing is scheduled and the Court decides whether to grant another Judgment, based on whether you owe the debt.

There is a window between getting the Judgment dismissed and refiled during which you can attempt to negotiate with the law firm.

mmlong · Jun 23, 2008, 05:48 PM

When you say served, does that mean someone physically handed you the papers? I agree with the debt to the landlord, but I was never given the opportunity to pay before the judgement was issued

SmartNsexa · Jun 23, 2008, 06:37 PM

If you owed the rent then you should pay it. It will then show as a "Satisfied" judgement.
Everyone happy.

JudyKayTee · Jun 23, 2008, 06:41 PM

Originally Posted by mmlong

when you say served, does that mean someone physically handed you the papers? I agree with the debt to the landlord, but I was never given the opportunity to pay before the judgement was issued

I don't know what State you are in but "usually" there are 3 ways to serve legal papers - in person; "nail and mail" which means they are placed in your mailbox, in your front door after "usually" 3 good, sincere attempts to serve you personally and then a copy mailed within a certain number of days or service on a responsible (adult) person at your address who accepts the papers.

Simply telling you you owe the money is NOT legal service.

In order to proceed to Judgment the landlord had to present the Court with some evidence that you were served with some legal paper notifying you of the action/proceeding.

If you go to the Court and check the file you will see what type of service was claimed as well as the date, time, etc.

JudyKayTee · Jun 24, 2008, 06:28 AM

Originally Posted by JudyKayTee

I don't know what State you are in but "usually" there are 3 ways to serve legal papers - in person; "nail and mail" which means they are placed in your mailbox, in your front door after "usually" 3 good, sincere attempts to serve you personally and then a copy mailed within a certain number of days or service on a responsible (adult) person at your address who accepts the papers.

Simply telling you you owe the money is NOT legal service.

In order to proceed to Judgment the landlord had to present the Court with some evidence that you were served with some legal paper notifying you of the action/proceeding.

If you go to the Court and check the file you will see what type of service was claimed as well as the date, time, etc.

And then this AM it occurred to me that if this is a lease situation there's a possibility you signed some sort of confession/admission allowing the landlord to go directly to Judgment.

I think that clause should be illegal but, unfortunately, I HAVE seen it included in a Lease as a condition if the tenant left the premises early. I don't know how the landlord got it through the Court system, but he did.

mmlong · Jun 24, 2008, 06:43 AM

When we left the property, I sent a nice formal letter stating that we were vacating the premise due to the loss of my job. We left in April which was paid, she is trying to collect to November. If I knew she was not going to honor my letter to her I would have at least stayed there to get what I'm ending up having to pay for anyway.

mmlong · Jun 24, 2008, 06:48 AM

Thank you JudyKayTee, you've been very helpful.

JudyKayTee · Jun 24, 2008, 07:30 AM

Originally Posted by mmlong

Thank you JudyKayTee, you've been very helpful.

Hope it works out for you - more than a few variables here.

Start at the Courthouse and see who/when/why - and if - you were served.

If you get a second, let us know how it all works out, OK?

ScottGem · Jun 24, 2008, 07:46 AM

Threads merged