How can i remove a judgement that was never served to me in

Submitted by suzieslick3 on Mon, 10/19/2009 - 02:52
Forums

I have a judgement on my credit report that they claimed was served to me. Now this was listed in New Jersey at the court in 2008 and I have been living in Atlanta for close to four years. What can I do to have it removed from my credit report?

Well Suzie, removing this may be a little difficult. Has your wage been garnished? Find out when it had been served and if you have enough proof that you were not there when they have claimed to have served the judgment maybe you have a case. Else, I see it to be difficult. Also check the SOL in New Jersey. Maybe you can vacate the judgment.

Mon, 10/19/2009 - 07:58 Permalink

Hi Suzie, I would definatly try to get more informaiton on this judgement. I always wondered myself how creditors get a judgement if it was not served to the person theirselves. With all the information out there you think they would see that your address has changed and then send the judgement to your current address. I just had this happen with a debt collector. They claim they sent information to my old address that I had moved from two years ago but yet they had all my current information and address. See if you can call or visit the courthouse to find out more information on the judgement.

Mon, 10/19/2009 - 10:31 Permalink

Seems funny don't it fireyone that they can find you to contact you when they want to collect but not to serve the paperwork until they are in a time crunch and they can make it seem more urgent to you.

I really think this is just a tactic in the collection world, you would think they would have to make all efforts before they could put a judgement in place, especially if it has been sometime since you have moved, like in your case fireyone, two years. Now surely they could have gotten a forwarding address right? How did they get your information to contact you now? Sounds fishy to me.

Mon, 10/19/2009 - 11:25 Permalink

Hi Suzieslick,

Well, I think you need to file a motion to vacate the judgment stating clearly that the notice was not served to you at your present residence. All the intimations have been sent to your previous address. Hence, you were not aware of any such legal proceedings.

Tue, 10/20/2009 - 09:26 Permalink

Can this be done? I thought there was a clause in somewhere as long as they made every reasonable attempt. I also have heard of them leaving information relevant to a court date with relatives.
I think that if you can prove with any doubt that they were aware of your recent address they should have to vacate the judgment. Which brings up my question if they can view your credit report the how would they not know you current address?

Tue, 10/20/2009 - 23:20 Permalink
Crystal Rossi (not verified)

I just found out that there was a judgement posted on my husbands credit it just showed up but goes back to 2004. The court it shows it was filed through is no longer listed as a court in our area. I do not even know who the claimant is. Can you tell me the best way to find out this information.

Wed, 01/13/2010 - 22:16 Permalink
carole zamora (not verified)

My husband received a court order to his employer to have his wages garnished. They said Plaintiff obtained a judgment against my husband on Oct 2006 for a large sum of money. He never received a judgment at all and this writ of garnishment has my husbands name, correct address and the wrong SS number. The debt collectors in the last 2 years have done the mistaken SS number and they still continue this...what can I do ?

Thu, 06/17/2010 - 21:40 Permalink

Hi Crystal:

You mean to say that till this date the judgment didn't show up on your husband's credit report? If it is so, you can file a motion to vacate this judgment on the basis of not getting properly served. You can talk to a lawyer about this.

Carole:

File a dispute with the court, since the Social Security numbers vary. Can you tell whether or not you knew about this judgment? If you weren't properly served on this judgment, you can also file a motion to vacate this judgment. You will have to do this within 30 days.

Thanks,

Aaron

Fri, 06/18/2010 - 09:41 Permalink
Robyn (not verified)

I just found out on my credit report that I have a judgement against me that is two years old. I never received the papers. I ive at a new address. What are my odds of removing this judgement and being able to go to court to prover my innocense?

Wed, 07/21/2010 - 20:30 Permalink

Hi Robyn,

If you did not receive nay papers regarding the judgment, you can file a motion to vacate the judgment. You will get this form from the court itself.

Thanks,

Aaron

Thu, 07/29/2010 - 10:27 Permalink
Jcindy (not verified)

I just had my credit check for loan and it show i have a judgment on it about three years ago. I was never serve. I live in city of Los Angeles. The judgment was file in San Diego. I have proof of utility bill and rent contract that I am in a different City. With three years can I still file a motion vacate of judgment? And if the judge reopen the case can I apply a motion to drop the case under SOA? The debt is now almost seven years, 3 years when the judgement was file.

Wed, 11/28/2012 - 14:16 Permalink
AndrewM (not verified)

Hi, I live in Dallas ,Texas and was shocked one morning when I checked my account and discovered I was a negative $30,000 ... I called the bank and they said that I had a wage garnishment against me from a repo back in 2002, which I voluntarily gave up the car.. Now my account is on freeze because of it.. I am currently unemployed and was basically just receiving my benefits thru this account. Can they hold this money as well? I then called the unemployment office and had them switch my payment from direct deposit to a prepaid debit card which unfortunately is thur the same bank. Is this money gonna be held as well doing it this way. I mean I have absolutely nothing right now. Would do you suggest? I guess my main concern would be is the prepaid card gonna be linked to the account that already has a hold on it???

Mon, 04/14/2014 - 22:07 Permalink
crorkz matz (not verified)

2cbI8a Hey, thanks for the blog.Really thank you! Much obliged.

Tue, 08/05/2014 - 04:06 Permalink