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Paula23 · Dec 18, 2008, 10:08 PM

How do I have a judgment taken off my credit report? If summoned to appear in court should I dispute my case or make payment arrangements to settle it? This debt is over 7 years old.

excon · Dec 19, 2008, 07:08 AM

Hello Paula:

The only way to get a judgment off your credit report is to challenge it by way of the credit bureau's procedures.

If you already HAVE a judgment, court is OVER. If you're just going to court, and you OWE the money, and the statute of limitations hasn't run out, then you're better off making payment arrangements, if you can.

The debt, however, being 7 years old, MIGHT be beyond the statute of limitations. YOU'RE going to have to check that out in YOUR jurisdiction.

excon

JudyKayTee · Dec 19, 2008, 07:29 AM

Originally Posted by Paula23

How do I have a judgment taken off my credit report? If summoned to appear in court should I dispute my case or make payment arrangements to settle it? This debt is over 7 years old.

If there's a Judgment - which there appears to be - Statute does not matter because the Court has already decided the matter.

this8384 · Dec 19, 2008, 02:02 PM

Like ex & Judy pointed out:

A judgment means that court is over; are you asking how to get a listed debt off your credit report?

You stated that the debt is over 7 years old; when was the last payment made on the debt? Last payment date is the starting date for SOL. You can check if you're out of SOL here:
Statute of Limitations - Open accounts for debt collection
If you know for a fact that you haven't made a payment within that timeframe listed, then I would go to court and ask that the case be dismissed due to it being past SOL.

Fr_Chuck · Dec 19, 2008, 02:58 PM

For there to be a judgement, there had to be a court hearing, once the judgement is ruled on, the statue of limiation no longer applies, since the judgement remains valid for 7 to 10 years depending on the state. And often can be renewed.

So if you were notified of the court action and either lost or did not appear, there is nothing you can do but pay them, they may work out a payment plan or not.

Charge off has nothing to do with it, that is an accounting term

Paula23 · Dec 19, 2008, 08:44 PM

I was just reading over one of the other posts. Is it possible to have a judgment set aside because of a no show or should I just make payment arrangements and hope for the best? I'm curious to know because I have a judgment against me also but if there is a way to fight it I would greatly appreciate some help finding out how.

excon · Dec 20, 2008, 05:28 AM

Hello Paula:

No show WHERE?? IF there's a judgment, court is OVER. There's NOTHING to no show for.

The only way I know to have a judgment set aside is if you weren't properly served. If you were, the time to fight it was THEN.

I don't know if it's best to make payments... That's really up the judgment creditor. With his judgment, he can seize your bank accounts and garnish your wages. THAT may be a better alternative for him.

excon

JudyKayTee · Dec 20, 2008, 07:23 AM

Originally Posted by Paula23

I was just reading over one of the other posts. Is it possible to have a judgment set aside because of a no show or should I just make payment arrangements and hope for the best? I'm curious to know because I have a judgment against me also but if there is a way to fight it I would greatly appreciate some help finding out how.

Is this the same debt you asked about before?

excon is right - the time to appear is over UNLESS it's you who failed to appear and that is because you were not served with the papers in a legal manner.

I don't know that the creditor will make arrangements. He/she doesn't have to because there is already a Judgment which can be enforced.

Paula23 · Dec 20, 2008, 08:10 AM

I got a letter in the mail saying I should pay $100 a month until the account is paid off. Is there any way to go to court to have the judgment set aside to have them write out the payment terms in a better way? Meaning the payment due date , the amount and so on.

JudyKayTee · Dec 20, 2008, 08:34 AM

Originally Posted by Paula23

I got a letter in the mail saying I should pay $100 a month until the account is paid off. Is there any way to go to court to have the judgment set aside to have them write out the payment terms in a better way? Meaning the payment due date , the amount and so on.

What would be your grounds to have it set aside? Unless you have legal grounds (bad service, for example), no.

Inability to pay or inconvenience, unfortunately, are not grounds.

This should be combined with other thread - same subject.

Curlyben · Dec 20, 2008, 08:38 AM

>THREE Threads Merged<

Paula23 · Dec 20, 2008, 08:49 AM

I was trying to have it set aside because of bad service of summons, also the SOL for Minnesota. In addition to that the letter I received doesn't have the payment arrangement spelled out in detail so I'm asking for more time.

JudyKayTee · Dec 20, 2008, 09:03 AM

Originally Posted by Paula23

I was trying to have it set aside because of bad service of summons, also the SOL for Minnesota. In addition to that the letter I received doesn't have the payment arrangement spelled out in detail so I'm asking for more time.

No show and bad service are two different things - how was service "bad?"

(I own and operate a process service company.)

Paula23 · Dec 20, 2008, 09:16 AM

I never got the summons to appear. Are process servers suppose to put the summons in your hands to make sure you received it.

JudyKayTee · Dec 20, 2008, 09:36 AM

Originally Posted by Paula23

I never got the summons to appear. Are process servers suppose to put the summons in your hands to make sure you received it.

No - depends on the State but basically you have: personal service (in your hands); nail and mail (at least 3 attempts at different times, preferably different days, no one home, put in mailbox or in door, follow up with US mail) and responsible party (someone accepts service on your behalf, followed up by US mail).

You were not served and were not aware of the Court date or was it other than personal service and you did not appear - ?

Paula23 · Dec 20, 2008, 09:55 AM

Thank you Judykaytee.

Paula23 · Dec 20, 2008, 10:03 AM

I know you're probably getting tired of me talking about this judgment but I have another question. In the process of me trying to get the proof needed, i.e. bad service and SOL expiration. Can they garnish my wages?

JudyKayTee · Dec 20, 2008, 10:14 AM

Originally Posted by Paula23

I know you're probably getting tired of me talking about this judgment but I have another question. In the process of me trying to get the proof needed, ie bad service and SOL expiration. Can they garnish my wages?

Never get tired of answering questions - yes, if they have a Judgment they can move on it using legal means such as a garnishment, freezing a bank account unless and until the Judgment is vacated and (usually) until the Judgment has been legally protested.

When you file to get the Judgment set aside ask that any collection efforts be stopped until your action is heard.

The Court Clerk cannot give you legal advice but, with luck, will point you in the right direction.

Paula23 · Dec 20, 2008, 10:31 AM

Although I heard in the state of Minnesota the creditor can garnish your wages without a court order after a judgment. I think I really need to talk to a lawyer to be sure. Thanks again, you're very helpful.

Paula23 · Dec 20, 2008, 10:58 AM

How do I get proof of the original contract I made with the credit card company when the debt is old?