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    DesertDevil's Avatar
    DesertDevil Posts: 3, Reputation: 1
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    #1

    Sep 10, 2018, 03:35 PM
    Civil Judgment against me was Quashed... now what?
    Here is an interesting legal question that no average person has been able to answer... Even my Attorney Brother-in-law was not sure what to do. But here goes...

    In 2012, I owed a $9000 judgement. Ramifications after the "Great Recession". In that year, the creditor tried 3 times to levy my personal bank account and failed 3 times because the account balance was so incredibly low.

    Each time an attempt was made, I received a notice afterward from the bank telling me they had sent them away empty-handed. But after their 3rd attempt, I received a different letter... this time it said the "request or the judgement "(I don't remember the wording) was "Quashed".

    After that, I never heard from that creditor again... and after a while, 2 of the 3 major credit reports took the judgement off their record.

    However it has remained on one report, which is what brings me to the question:
    What would it take to remove it from the 3rd credit agency? Is that too much to even hope for? Or is that what should have happened when the other 2 removed it from theirs? I don't have a copy of that bank letter... (stress was so high)

    I'm sorry to even have this situation, and sorry to ask such a personal question from a group of people with their own problems. Thanks in advance.

    [if it helps, the default judgment was filed against me in Arizona]
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Sep 10, 2018, 05:06 PM
    Just because it is not showing up, does not mean it is not still active.

    Depending on how long it is in your state, it can stay active for 5 to 7 years.
    But it is easily renewed. (if they wanted)

    So at this point, it would have been active to at least last year, if it is not still active. (you will need to look at the court records)

    And it can show up on your credit report for 7 years after that.
    So there is really no way to get it off.

    You can write that credit agency and contest that listing, they will investigate and if they find it can be taken off, it will.
    DesertDevil's Avatar
    DesertDevil Posts: 3, Reputation: 1
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    #3

    Sep 10, 2018, 05:43 PM
    Thanks for the quick answer Fr_chuck! I really appreciate it. Maybe my question is also about the word "Quashed"... when I look it up it is described as:"To overthrow; to annul; to make void or declare invalid; e.g., "quash a subpoena." That definition is what gave me hope I could do something about it. Could the events I described have more power against the judgement than I understand? Maybe "quashed" was only the word used for the order to levy the account. I wish I understood better. Thank you though!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Sep 11, 2018, 02:52 PM
    Unable to get funds because of the low amount in (must be the wording of the attachment) Normally they will just take any money, even a penny, and then take any other money put in.

    But if they got the judgement in court, only the attachment of money would have been stopped for some reason.

    To be quashed, you would have had to go to court and fight the judgment, showing something in error or not true. (it does not appear you did that)

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