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Vacated/Dismissed Judgment

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Niwrad



Joined: 06 Dec 2007
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Posts: 6



415 Magic Points

Subject: Vacated/Dismissed Judgment
 
Posted on Fri Dec 07, 2007 12:44 am  

I figured this might deserve it's own thread since it's an odd situation that I can't seem to find any good information for online.

I was sued by Discover Bank back in 2005. They were awarded a default judgment against me. After working out a deal with them, the case was vacated and dismissed with prejudice by the court. I have the actual court documents in my possesion stating this.

Now on my credit report it shows that these are all judgments that haven't been satisfied. I called up Transunion to dispute this and the lady told me that even if I sent in these documents showing the judgments were vacated and dismissed, it would still remain on my credit report. I asked her how could something that was vacated show up on my credit? She didn't know. So I filed a dispute and she said I could send in the actual court documents.

My question now is should I bother sending in the court documents right now? Are my chances better that the court won't update it and it just gets deleted from Transunion's credit report? Or do I send in the documents and take her word that it will remain on my credit report but show as vacated (I thought vacated meant they had to remove it).
goodnatured



Joined: 03 Nov 2007
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389 Magic Points

 
Posted on Fri Dec 07, 2007 3:50 am  

I would send copies in to all three credit reporting agenies, if you wait on the court and it gets overlooked or filed away, they may not do it. You have a personal intrest here, so I would not depend on someone else to do it. If you have the documents, send a copy in. Remember to do this with all three credit reporting agencies. Goodluck and keep us updated on this.

Very unique and useful post, I hope you will continue to post with us on the other subjects as well. Experienced people are the best to give advice. I have an arbitration coming up, so may have some questions that you may be able to help me with. Like you said there is not alot of information out there. thanks for a great post.
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Niwrad



Joined: 06 Dec 2007
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Posts: 6



415 Magic Points

 
Posted on Fri Dec 07, 2007 5:27 am  

Thank you for the advice. I will keep you updated and hopefully be able to pitch in with some advice on some areas I know something about. This is a long journey to restoring my credit.

As for the topic, I think my biggest question is what exactly is a vacated judgment? Does it mean the judgment never happened? If so, I'd think it should be removed from my CR. Perhaps I'm wrong though and it will simply say it was dismissed or something.
george

george

Joined: 06 Jul 2006
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2855 Magic Points

 
Posted on Fri Dec 07, 2007 11:36 am  

This is a genuine problem indeed. Its good that you posted here in a new thread. I would send the photocopies of the documents so that it can be used as proof. Disputing becomes easier.
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George Miranda

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goodnatured



Joined: 03 Nov 2007
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389 Magic Points

 
Posted on Fri Dec 07, 2007 3:41 pm  

I would think if it is vacated that it should be removed from your credit report. I would contact the three credit reporting agencies and see what they have to say about the situation.
_________________
Goodnatured,
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Laura

Laura

Joined: 21 Jun 2007
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35801 Magic Points

 
Posted on Tue Dec 11, 2007 4:01 am  

Hi Niwrad,

Hope you have dealt with the problem. Any other update that you might want to give us?
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Regards,
Laura.
George gmg3270
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Subject: udgment vacated in Pa
 
Posted on Thu Oct 29, 2009 6:50 pm  

Maybe someone can help me with this in 2006 I was sue by a dept colllectinon company at the Magistrate level I won because I ask them to show me how I owe them show me a contact that i sign with them they stated they purchase the debt however because they had no rep from the orignal company therefore they had not standing I won they appel we got a case in from of arbortrters they lawer ask for a delay got a new date i was working could be there he win I appel we got a could date in front of a Judge (pre trial)agreement was I was not tom pay unless I got a letter of release from the orignal company and that the debt collontion was to get this it been 1 year now and i got noting and trey close the case I still have this judgement
debranewell2008



Joined: 10 Oct 2009
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Posts: 591



108 Magic Points

 
Posted on Thu Oct 29, 2009 8:19 pm  

Hi George,

If you won the case because they could validate the debt you should send in the papers from the court stating that. Send them to the credit agencies and that should be enough to have it removed.
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



389 Magic Points

 
Posted on Fri Oct 30, 2009 2:00 am  

I agree but make sure that you send all paperwork, debt validation and others via certified mail, return reciept requested, keep a copy for your records so if anyone tries to collect in the future you have these documents to back you up. They often sell debt off that they can not collect on.
fireyone



Joined: 26 Feb 2008
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96 Magic Points

 
Posted on Sat Oct 31, 2009 1:44 am  

I would like to know why it can be appealed once they did not show up with the right documentation. They were well aware of the court date and the judge should have let them know this. One thing when dealing with these debt collectors they are ruthless. I guess they have the time and money to invest in collecting on old accounts since they pay pennies for them.
debranewell2008



Joined: 10 Oct 2009
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Posts: 591



108 Magic Points

 
Posted on Sat Oct 31, 2009 9:18 am  

I really don't know if they even know the law. I had filed bankruptcy on one creditor and I know they were sent my discharge paper. Well they decided to take me to court to collect there money. I notified the court of my situation and all I had to do was drop off my papers proving my case. Of course it was a couple days before the court date when I did that. So instead of the creditor having to drive four hours one way to court once it made them have to drive it twice. Because of course the judge had to make sure my papers were legit. Which I had know idea would happen. But my point is I wonder if they even knew that trying to collect from someone after they have filed bankruptcy is illegal. I wonder if it was anything I could have done because they did this? I didn't have to go to court so I don't know.
fireyone



Joined: 26 Feb 2008
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Posts: 4246



96 Magic Points

 
Posted on Mon Nov 02, 2009 10:47 pm  

They know the law. These companies try to go by their own set of laws. It amazes me that the creditor did not pull your report and see the bankruptcy listed there. This is usually the first thing collectors do when the recieve a new account. I would have appeared in court regardless and pressed the issue to be sure they did not try to resell a dead debt.
goodnatured



Joined: 03 Nov 2007
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Posts: 3931



389 Magic Points

 
Posted on Tue Nov 03, 2009 12:53 am  

They do very little leg work, and they don't care, they will even sell of debt that they have collected on, that is why I make sure that I always get a paid in full and make sure that I keep it. I have had new collectors come back and try and collect on a debt that I have already paid. I wonder how many people have paid debt a few times and not realize that it is the same account.
debranewell2008



Joined: 10 Oct 2009
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Posts: 591



108 Magic Points

 
Posted on Tue Nov 03, 2009 1:11 am  

I don't guess they pulled my report but I know for sure they got a copy of my discharge papers and seen they were included. You are right I guess I should have went to court. I should have went to see if I could have sued them for tiring to collect on the debt after it was included in bankruptcy. Give them a taste of their own medicine. I bet they would be more careful when it come down to taking someone to court. If they knew if they were in the wrong and that they could be sued if they couldn't prove they had a right to collect.
Dennis2010
Guest






Subject: Judgement
 
Posted on Fri Mar 12, 2010 8:59 pm  

I just found out that I have a judgement. I checked with the local courts located on the internet and found that a judgement was placed against me in a different county than i live in. Also services was at an address I have no idea who is belongs to. So now there is a judgement on my credit that one I don't know how it could be perfected and I don't know these people to placed the judgement against me.

Any guidance would be appreciated.

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