Ancient Judgement Haunts us. Please help us!

[kctg]

The background of our issue was posted yesterday ("Shocking Surprise...") and since then, I found out that my husband had been late in paying his rent but had settled all his debts prior to moving out of his apartment complex. However, the apartments never bothered to inform their lawyer that the accounts were settled and the judgements against him remained on his credit report for the past 6 years. We spoke to that lawyer and he told us that he no longer represented those apartments, which now has a new owner), and that we should try to convice the city court that everything had been settled. But this was 6 years ago and all papers proving that all payments were made are now gone. We have no idea how to go about this... We need to dissolve those bad records from his credit history because they were settled 6 years ago... We need advice desperately. Please help us.

 

[I AM ALWAYS LIABLE]

The background of our issue was posted yesterday ("Shocking Surprise...") and since then, I found out that my husband had been late in paying his rent but had settled all his debts prior to moving out of his apartment complex. However, the apartments never bothered to inform their lawyer that the accounts were settled and the judgements against him remained on his credit report for the past 6 years. We spoke to that lawyer and he told us that he no longer represented those apartments, which now has a new owner), and that we should try to convice the city court that everything had been settled. But this was 6 years ago and all papers proving that all payments were made are now gone. We have no idea how to go about this... We need to dissolve those bad records from his credit history because they were settled 6 years ago... We need advice desperately. Please help us.

My response:

There is nothing you can do. I can tell you what SHOULD have happened with the former owner's duties to you, and that you SHOULD have kept all of the papers and proof - - but that, and a dime, won't buy you a cup of coffee.

Eventually, the judgment notation on your credit report will come off - - and, if I'm not mistaken, it's seven years from the date of the judgment. You can contact the Credit Reporting Agency and ask them for specifics.

IAAL

 

[JETX]

One of the 'fun' things about judgments... we can report them to the CRA's (Experian, Transunion, Equifax) during the ENTIRE statute of limitations. In AZ, this is 5 years from the date of the judgment. This means that the judgment creditor can report this debt history to the CRA's 4 years, 11 months and 30 days after the judgment was rendered, and it will stay on the report for ANOTHER 7 years from the date of reporting!! It all depends on the diligence of the judgment creditor.

I might also add the following suggestions:
1) The original attorney, even though he no longer represents the owner, may still have a file on the case. You might ask him (VERY politely) to review his files.
2) It is possible that the judgment creditor filed a "Satisfaction of Judgment" with the court. You might contact the original court and look at the casefile.
3) You can write a dispute letter to the CRA showing this report. Tell them that the judgment has been paid in full and ask them to 'investigate' their file. They are required under the FCRA (Fair Credit Reporting Act) to verify the issue with the creditor that filed the report. If the creditor cannot verify the accurancy, the CRA is required to remove the notation.

 

[kctg]

Thank you so very much!

We appreciate the advise very much!! Because of them, we were able to start somewhere. We went to the city's judicial court and obtained a "Certificate of Non-Renewal / Settlement of Judegement" thus far. I hope this is enough documentation to dispute the case with the credit bureau. In any case, we thank you so much!