judgement

[geema]

What is the name of your state? New York
i have a judgement on my cedit report for a credit card(?) that i did not apply for or receive or use. how can i have it removed or what steps should i take to rectify this in my BEST interest. it shows:" date filed may 2000 - status: unknown - a large payment made (1994-$4,500)- balance $2,537 - credit collection agency info. i contacted cc agency, they are demanding payment of course. i have the court docket number. i was advised to write the credit reporting agency(to start an investigation by them) and/or the collection agency. i have no clue where to start. i hope its not to late to fight this and have it removed. i used to live in nyc where supposed judgment occurred, now live in georgia permantely but off and on since 1996. my mom lives in nyc. can she handle any of this in person if necessary? no service was EVER made to anyone anywhere. i knew nothing of this until it appeared on my credit report.

thanks, from Geema.

i will try to make future messages shorter

 

[JETX]

"i have a judgement on my cedit report for a credit card that i did not apply for or receive or use. how can i have it removed or what steps should i take to rectify this in my BEST interest."
*** Guess what, you probably can't.... at least not easily.

Here are the steps you may have to take:
1) Go to the court where the judgment was rendered and get a copy of the filing, the judgment and the 'notice of service'.
2) Try to find out how your name got on this judgment. Are you saying that you never had ANY account with the creditor/plaintiff?? If so, then the time for making that claim would have been at the scheduled hearing.
3) Assuming your claim is now that you were never advised of the lawsuit, you will have to review the 'notice of service' and see how the service was made and on who. If YOU were properly served with the notice (even as the wrong party), you had an obligation to resolve it at that time.
4) Finally, your only last hope is to file a motion to vacate (or set aside) with the court. The court will set a hearing where you can present your PROOF that you are not the named defendant and/or that you were not properly notified of the lawsuit. If the court agrees, then they will void the judgment.
5) IF the court voids the judgment, you can send a copy of the court order to the CRA (Credit Reporting Agency) and they would be required to remove the erroneous judgment from your file.

Now, if you ARE the right party and if you were served properly, the judgment is valid and you can't get the report removed.