Civil Claim Judgment question

Submitted by Anonymous (not verified) on Sun, 05/17/2009 - 00:45

A few years ago when i was in college I made some wrong decision of owning a few student credit cards and were unable to pay the credit card company back the amount I owe. At the time, $1500 was alot to me because since I only worked part time and didnt make much. But after graduation, I paid the amount in full. But I checked Experian and other credit bureaus. And there was a judgment made against me by Resurgence Collection. But my question is, Since I already paid Resurgence off in full. Why is there still a judgment in Public Records? How can i get this deleted other than to wait 7 long years? I really hope this judgment on my credit doesnt affect me buying a house or car in the long run.


how you paid them ? whether through CC or through cash transfer? you might have some evidence to prove that you have paid them in full.

If it is there then you can send a letter to your creditor furnishing them the proof of payment and ask them to remove the mark and take back the case against you.

It won't affect the score that badly. But it is better that you clear all this b4 you apply for a new loan (mortgage,car) :wink: :wink:

Sun, 05/17/2009 - 02:38 Permalink
hmtcrxsir (not verified)

I paid them with my debit card. Well before I see that there was a collection by Resurgence Financial collection agency on my Experian account. But once I paid them off in full, that collection made by Resurgence was deleted. But now theres another item. And it's under "Public Records" where it shows the court and a judgment was made. And it says:

Status: Civil claim judgment.
Status Details: This item is scheduled to continue on record until Sep 2015.

Date Filed:

Date Resolved:
Claim Amount:

So im a bit confused about whether it was suppose to be deleted or whether it was to remain on my record for 7 years?hmt

Sun, 05/17/2009 - 04:03 Permalink

But now theres another item. And it's under "Public Records" where it shows the court and a judgment was made.

Now those people have come up with one more inquiry.So just ask them to validate the debt by sending them debt validation letter.

They will reply within 30 days to it.If they validate the debt then you can think of removing the mark on your credit card otherwise just ignore them and just inform it to the CB.

Keep us updated.

:arrow: :arrow: :arrow:

Sun, 05/17/2009 - 10:52 Permalink
Anonymous (not verified)

but is it true that even if a judgment is "paid" it will still be on my record for 6 years for california SOL.

Mon, 05/18/2009 - 00:17 Permalink

That's true. No need to validate a debt that is already paid.

You can provide proof of your payment to the credit bureaus and they can update the judgement to show "paid/resolved", but if they actually went as far as taking you to court over the matter than there is no way to legally remove the paid judgement on your credit report until it just goes away.

In all honesty though, the longer that it has been paid off and the older the judgement is the less it will effect your credit rating. It may not effect your ability to buy a car or home down the road. How long ago did you pay it off?

Mon, 05/18/2009 - 01:08 Permalink

Hi hmtcrxsir,

What I understand from your post is, you came to know about the judgment against you from your credit report (CR). But if a collection agency(CA) has filed a suit against you, you are entitled to get summons from the court. Were you served with the summons? If no then, you can visit the court where the lawsuit was filed. Ask the clerk how to obtain a copy of the "Return of Service" filed by the CA.

If you are able to prove that the summons were not served you can file a "motion to set aside default judgment". This process will take a bit of time. What I suggest is, if you have been regular with credit card payments and "judgment" is the only negative remark, you can let it fall off from the CR on its own. If you maintain a good credit history an old judgment wont cause much harm.

Mon, 05/18/2009 - 05:36 Permalink
hmtcrxsir (not verified)

i heard that it reduce credit score by 50-100 points? is this true?

Mon, 05/18/2009 - 08:04 Permalink
hmtcrxsir (not verified)

this was actually really recent. so theres no real way of having this judgment deleted from my credit report? not even hiring a lawyer can help me? I really dont want this to be on my record and cause me to pay higher interest rate for car or house loan.

Mon, 05/18/2009 - 08:09 Permalink
hmtcrxsir (not verified)

actually this amount that I owe was actually from citibank credit card back in 2003. It went into charge off in 2004. And then it went into collection. My account was sold to many collection agency. And finally Resurgence Financial bought over the account. They was really persistent and very aggressive to find me, and finally found me (since i moved and didnt report it to them). Resurgence sent me summon to appear in court but I was away on a business trip for approx. 3 months overseas. My family got the summon for me, so all this time I wasnt aware of this summon for me to appear. So when I came back, I found out that my family already signed for it. And this is recent in 2008. So its been nearly 5 years now, they finally found me. So once I found out about it. I paid Resurgence Financial off in full amount. I asked them if that's everything, and that amount will be taken off my Credit Report. They said yes, so i took their word for it. I checked my CR 3 weeks later, and the collection amount was taken out of my CR. Now, 2 months past. And I checked it again, it now says under "Public Record" that there was a judgment made against me. So I dont know what to believe. I think I shouldnt have paid them off if I knew this judgment was going to be held against me. I should have just waited 7 years for SOL and so I can start clean all over again. But I had a good heart, and just wanted to clear everything from my credit history. But just as i paid them off, I now see this thing under my record just upsets me. I just dont know what to do next.

Mon, 05/18/2009 - 08:21 Permalink

Hi hmtcrxsir,

If you had not paid the debt amount, the collection agency would have either garnished your wages or your bank account. Judgment will remain on your credit report for 7 years from the day you became delinquent. Try to build a good credit history, by paying all your bills on time to minimize the effect of the judgment, listed on your credit report.

Mon, 05/18/2009 - 08:42 Permalink
sherry (not verified)

if you have a civil claim judgment against you and you sell your property will you have to pay it

Thu, 06/25/2009 - 20:51 Permalink
sammy jones (not verified)

i have a judgement against me for $4600.00 by a family member. i have not been able to pay it and it has been about 4 years. she is now calling me and saying she is going to take me back to court for the same thing and have my paychecks garnished. i live in the state of louisiana, can she do this. what choises do i have.

Thu, 08/27/2009 - 12:48 Permalink

Hi sammy jones

I don't think your family member can garnish your wage but may definitely sue you for not paying up. Was there a written agreement between you two on the loan? If yes, you have the chance of being sued.

Thu, 08/27/2009 - 13:04 Permalink
Marie (not verified)

I had a judgement against me by a tenant for a return of deposit money, I have paid that judgement and want to know how it will affect my credit. It has been paid within 30 days of the filing for 850.00 . How long will it be there and will it lower my rating by much. (points) Cleveland, ohio

Wed, 09/02/2009 - 18:47 Permalink
mikey's trying… (not verified)

I have a judgment against me from a lady. I rented a house from her didn't pay, got evicted and finally taken to court. There is a judgment for 1,080 on my credit. I finally tracked a number from court records and called. Come to find out that the lady is now dead, so I paid the money to her husband. I asked him to write a letter stating that I paid and have yet to recive it. So now I'm writing letters to the credit bureau's explaining my situation with being here in Iraq and including a copy of the cashed check, trying to clean up this mess I've made. Was I a fool for paying money to her husband? Will the letters I've sent do the trick or is there anything else I can do? I'm coming home for Christmas and would love to use this GI Bill to surprise my wife a home. So if anybody could help me out I would greatly appreciate it.

Fri, 09/11/2009 - 07:56 Permalink
Susan (not verified)

I have a judgement againest me for not paying a credit card company. I live in South Carolina, is there a statue of limatations in SC. Or how can I see about having it removed without paying it. I don't have 13,000.

Wed, 09/23/2009 - 00:27 Permalink
Alma (not verified)

I became delinquent on a revolving account in Oct of 2003. The account has been sold many times over to different collection agencies. I had a collection agency file a civil claim judgement in May of 2007, four years after the acct became delinquent. On my credit report under public record it says that this claim will continue to be on record until May 2014. My understanding was that under a judgement that it stays on your record from the date the acct became delinquent for 7 years, not 7 years from the time the judgement was made. Please clarify this for me!!!

Thu, 02/25/2010 - 17:53 Permalink
alma (not verified)

What can I do when the amount that was entered in the judgement is $100,000.00 more than the real amount of $11,000. I'm sure this doesn't help my record either. Please help!

Thu, 02/25/2010 - 18:05 Permalink

Hi Habibi:

Any of your assets and accounts that do not come under social security can be garnished. However, you can check the state laws on garnishment and tax returns.


The judgment will remain on your credit report for 7 years from the date of judgment, not from the date of first delinquency. The statute of limitations is related to the date of first delinquency.

If the amount entered on your report is wrong, you can dispute that with the credit bureaus. You can also ask for debt validation. It will let you know, how much you really owe.

Fri, 02/26/2010 - 12:36 Permalink
ConfusedCredit (not verified)

My wife had a bad run in college and racked up CC balances and could not pay them. In 2005, she defaulted on a couple CC's, one of which was sold to a collection agency who then files a Civil claim against her in 2008. Now, the civil claim on the credit report says that it will be there until 2015 despite the original default date being in 2005. I thought that collection agencies could not extend past the 7 year drop off date from the original delinquency date? Anyone explain why this single incident is going for 10 years, not the normal 7 years? It is not a bankruptcy so it should only go until 2012, correct?

Mon, 03/01/2010 - 18:12 Permalink

Hi Confused,

The civil judgment had been filed against your wife in 2008, therefore the judgment will stay on her credit report till 2015. The 7 years starts from the date of the judgment issued. The statute of limitations (SOL) starts from the first date of delinquency.

SOL is the time period within which the delinquent debtor can be sued for not making the payments. It starts from the first date of delinquency.

Hope this helps.



Tue, 03/02/2010 - 07:41 Permalink
ConfusedCredit (not verified)

Thans Aaron, I thought this might be the case but was hoping there would not be second "7 year black mark" put on her credit report for the same item.

Wed, 03/03/2010 - 19:53 Permalink
chapchap (not verified)

I have a friend who was served papers due to a repo'd truck. he how has a civil judgment against him and now has to go to court. they are asking for bank statements and the deed to his new home. can the courts order him to sell his home to pay off judgement?

Wed, 09/22/2010 - 22:09 Permalink

Hi ConfusedCredit,

You are welcome :)


Car loan is a kind of secured debt. I think the judgment can put a lien against your friend's home. They might not be able to force your friend to sell the house.



Thu, 09/23/2010 - 10:14 Permalink
Jaime (not verified)

I have in Public Records and on all 3 credit agencies a claim amount of $14,093...which was a mistake of the IRS and mine of not reporting one year but paid all in just didn't do the paperwork and did not owe anything once I worked with the IRS to get it resolved. However, this is still in the Public Records and on the credit reports of not being resolved. How do I remove it from the public records and reports?

Sun, 02/27/2011 - 02:42 Permalink

You have made a mistake by paying it off without a paper work. You should have communicated via certified mail with return receipt requested. However, if you've worked with the IRS, there has to be something in their records.

Mon, 02/28/2011 - 06:57 Permalink
Bernadette H odge (not verified)

I am a Judgment Creditor, and won a judgment in 2009. I filed it on my own. I recovered a few hundred dollars through a wage garnishment, but was told at the hearing by the person who I won the judgment against that the employment would end after a few weeks.

Now what I'm wondering is, if the person has gained employment at a place other than the one I found out about, and receives a IRS refund, how do I find out if there is an IRS refund forthcoming, and can I attach the refund?

Fri, 12/30/2011 - 02:58 Permalink
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