“I got a judgment vacated, how do I get it off my credit reports?”
“I got a judgment vacated, how do I get it off my credit reports?”
The best reason to get a judgment vacated is you were never “served” as required by the Alabama Rules of Civil Procedure. It may also be that you were able to set aside a default judgment for another reason.
Regardless, you have the judgment set aside. It will be described as “vacated” or “set aside” or held as “void”. Bottom line is the judgment that once existed, no longer exists.
Now what do you do in order to make sure your credit reports are accurate?
First, pull your credit reports. You can do this through www.AnnualCreditReport.com for free.
Second, see if the judgment is listed on your reports. Normally, it will be towards the front under “Public Records.” When you find the judgment on your report, look at it closely to make sure it is the same one that got vacated. Usually there is a case number, date of judgment, amount of judgment, and county of the court. Simply verify this is the judgment you vacated.
Third, if it is listed, send a dispute letter to the credit reporting agencies by certified mail and enclose the order that vacated (or “set aside”) the judgment. Let them know the judgment should not be on your credit reports, because it’s been vacated. Describe it so there is no doubt which judgment you are talking about. Tell the credit reporting agencies to get this judgment off of your credit reports. Keep a signed copy of your letter.
Fourth, in about 30-45 days you will get a letter from each agency that tells you whether the judgment is removed or not. This is often called the “results of investigation” and you need to study it carefully.
Fifth, if the vacated judgment is still being reported (even if it says a zero balance) after you properly disputed it, you should consider suing the credit reporting agency(ies) under the Fair Credit Reporting Act (FCRA) in federal court.
Contact Us.
If you have questions about this, call us at 1-205-879-2447.
Or, if you prefer, let us know about your situation in our contact form.
We look forward to chatting with you and walking you through your options. It may be that you need to do your disputes.
Or perhaps you already have and the false reporting of the judgment is still on your reports.
However we can help you we will be happy to do so.
Thanks for reading, and have a great day!
I paid off a judgment that was on credit report now the company will not have it removed from my credit report it has been over three months ago what should I do know
Keith,
So let’s make sure we are on the same page.
A judgment will be on the credit report in at least one area, sometimes two areas. The first is the “public records” section that shows the actual judgment against you.
Then the account that gave rise to the judgment may also be under the “negative” accounts showing as having a balance owed, charged off, etc.
When you pay off the actual judgment, you should get (at least in Alabama) a “Satisfaction of Judgment” that is filed in court. This means the judgment has been satisfied or paid.
The account should show as you not owing any more.
Now a paid off judgment doesn’t have to come off your credit report. The company that received the judgment actually doesn’t control whether it is on or off of your credit report. The judgment should now show a “zero” balance and be listed as “Paid”.
The article you commented on referenced when the judgment is “vacated” or made to disappear. Then it must come off the credit reports. But a paid judgment does not have to do this.
It does need to show as “paid” and show a zero balance.
Let me know if I have understood your question and if you have any follow up questions.
Thanks!
John Watts
Birmingham, Alabama
I found a judgement on my Credit Report that I had no knowledge of. I was successful having this vacated in court due to improper service. It has been 11 months and I still cannot get this judgement removed from my record. The Judgement was original filed and then vacated in city court. At the time the judgement was granted the attorney that was acting as a collection agency had the judgement transcribed to the County Court. The records still show this Judgement in the county court even after it was vacated. The city judge that vacated the judgement has not provided me with anything to prove that the judgement was vacated (I have asked several times). The judge states that the attorney that won the original judgement was notified that that judgement was vacated and that this attorney / collection agent should have sent this information to the county court. I have written (registered letter)to the attorney / collection agent to ask them to properly record the vacated judgement in county court and they have nit done so. Am I stuck with this judgement on my record? The city court judge claims he vacated the judgement but he will not provide and proof of his claim. I went to the county and told them to expunge this judgement from their records or properly record it as vacated and they refused. Finally the person attorney that sued me as a collection agency has not notified the county that this judgement is vacated – How do I get the county to do as I tell them and remove the judgement from their records.
Barry,
This sounds like a very frustrating experience.
I’m assuming you are not in Alabama as we don’t have City/County courts where lawsuits happen. So I really don’t know what the procedure is when a judge says he made a ruling but won’t put it in writing.
To be blunt that is very bizarre to me.
Sounds like you have done everything possible except going to a consumer lawyer in your state. They may have some ideas for you in how to get the city judge or the collection lawyer to do the right thing.
Keep us posted as that is very odd and I hope you can get it cleared up ASAP!
John Watts
My now husband 6 years ago was given military orders assigning him to a different post, he told his landlord in Anniston and gave them a copy of his orders and when he went to buy a new vehicle there was a judgement against him for the remainder of his lease. He was never served and was not aware they had sued him. I tried contacting the court they said there is nothing they can do to remove with out original creditor. Of course they are saying oh well. But one the military soldier act should have protected him. So what steps can we do to get off his credit.
Amanda contact us at 205-879-2447 and ask for Carolyn. She can look up the lawsuit and get the details.
We need to know if he was served or if the court believes he was served — if so, how?
Was he active duty?
Did the landlord agree he could leave the lease due to the transfer?
Let’s discuss these by phone — call us at 205-879-2447 thanks!
John Watts