Lost lawsuit yesterday can I keep the judgement off my credit report

[nordberg25]

What is the name of your state (only U.S. law)? MN

I was sued the other day for work done on my house. I was quoted a price of $500 for work done, and the invoice sent to me was $950. I told the judge I have no problem paying what he quoted, but felt I was overcharged and not told about the increase in work.

Anyways, the judge ruled that I don't have to pay the whole amount. However, there is still a judgement for the lesser amount.

I want to pay this right away and keep my credit clean.

Do I file a motion to vacate judgement or motion to remove judgement?
or
Do I have to negotiate with the judgement creditor to have this removed after I pay?

Thanks in advance for the advice.

 

[TigerD]

Nothing you can do about it. Other than wait.

DC

 

[JETX]

Do I file a motion to vacate judgement or motion to remove judgement?

First, unless you live in a jurisdiction where the court reports judgments to the CRA's (Credit Reporting Agencies), most judgments don't get reported at all. Check with the court to see if they are automatically reported. If it is, nothing you can do about it.

Second, none of your 'suggested options' are accurate or apply in this case.

Do I have to negotiate with the judgement creditor to have this removed after I pay?

Yes... and no. Simply contact the judgment creditor and offer immediate payment of the judgment in FULL... in return for a signed WRITTEN agreement to not report the judgment to a CRA AND a 'Satisfaction of Judgment'.
If the judgment is reported, simply send a copy of the satisfaction to the reporting CRA and they will note your paid in full in the record.

Creditors realize that civil disagreements happen all the time. The simply fact that a judgment was rendered against you is NOT a negative. The negative occurs ONLY if the judgment is unpaid. Your prompt payment of a judgment is NOT a negative.

 

[Zigner]

And, next time realize that you should have paid what you felt you owed. If you had done that, then you wouldn't have a judgment against you at all...

 

[cosine]

And, next time realize that you should have paid what you felt you owed. If you had done that, then you wouldn't have a judgment against you at all...

Exactly. And if the plaintiff had refused what he/she believed was only a partial payment, record and document that refusal. The OP's judgment on the record now is for not paying the undisputed amount.

 

[nordberg25]

I plan on filing a removal to district court (appeal), looking here at rule 41.01 at the following link http://www.mncourts.gov/Documents/0/Public/Rules/Civil_Rules_effective_01-01-2009_(current).pdf does that cancel the above said judgement, and give both the plaintiff and I an opportunity to work this out, and for him to request to dismiss the case?

I really don't want this judgement on my credit report, and it seems this might be the only solution.

Originally posted by Jetx
Yes... and no. Simply contact the judgment creditor and offer immediate payment of the judgment in FULL... in return for a signed WRITTEN agreement to not report the judgment to a CRA AND a 'Satisfaction of Judgment'.
If the judgment is reported, simply send a copy of the satisfaction to the reporting CRA and they will note your paid in full in the record.

Creditors realize that civil disagreements happen all the time. The simply fact that a judgment was rendered against you is NOT a negative. The negative occurs ONLY if the judgment is unpaid. Your prompt payment of a judgment is NOT a negative.

I can't really agree with you on this one, a satisfied judgement is negative, not as much as an unpaid judgement. But it is still negative. In addition, CRA's pull from public records at the courthouse, so how would a written agreement stop that? I guess I am wondering if a CRA would honor that.

 

[Zigner]

I plan on filing a removal to district court (appeal), looking here at rule 41.01 at the following link http://www.mncourts.gov/Documents/0/Public/Rules/Civil_Rules_effective_01-01-2009_(current).pdf does that cancel the above said judgement, and give both the plaintiff and I an opportunity to work this out, and for him to request to dismiss the case?

I really don't want this judgement on my credit report, and it seems this might be the only solution.

You will want to hire an attorney.

 

[JETX]

I plan on filing a removal to district court (appeal), does that cancel the above said judgement, and give both the plaintiff and I an opportunity to work this out, and for him to request to dismiss the case?

Yes.. and no.

Yes, filing a Motion to Appeal WITHING 20 DAYS of the conciliation (small claims) court judgment does put a stay (stop) on that judgment.
You can download the forms at:
Court Forms

However, some of the challenges you will have in your appeal:
1) It is a 'trial du novo', which simply means, it is a complete do-over. The contractor gets to argue for the full $950.
2) You have to pay the filing fees, etc. for the appeal.
3) You have the added costs of certified mail, etc.
4) Since the District court is a 'court of record', it is a FORMAL court where they expect you to either have an attorney... or have sufficient experience in 'Rules of Court' and 'Rules of Evidence'.
5) You can almost bet that if the other party decides to 'play your game' they WILL (or should) have an attorney.
6) If you lose in District Court, your costs will be considerably higher since you will lose the above fees... PLUS their attorney fees if they have one.
7) And finally, there are some 'special rules' that you MUST meet in order to appeal.

"If a Conciliation court judgment is appealed to the District Court, the prevailing party may be awarded costs pursuant to the Rules of Court. If you appeal a Conciliation Court judgment and do not prevail in District Court, the Court will order you to pay costs of the appeal plus an additional $50 to the opposing party. The term "prevail" or "prevailing party" is defined four different ways in Minnesota Statutes."
To see the 'ways', go to: http://www.courts.state.mn.us/forms/public/forms/Conciliation__Small_Claims_Court/CCT403.pdf

I can't really agree with you on this one, a satisfied judgement is negative, not as much as an unpaid judgement. But it is still negative. In addition, CRA's pull from public records at the courthouse, so how would a written agreement stop that? I guess I am wondering if a CRA would honor that.

Most creditors realize that people get into disputes with others... and that you have the right to litigate. The simple fact that you lost in court is not a negative. If/when you don't pay it.... it becomes a negative.

If you still want to remove AFTER you have paid, go to:
http://www.carreonandassociates.com/articles/faqjudgments.htm

 

[nordberg25]

Just to make sure

Am I reading this right? If I pay this in full (a), within 20 days of the mailing of the judgement, it will be off the record? Can someone clarify, effective seems to have a bit of gray area.

http://www.courts.state.mn.us/rules/general/GRtitleVI.htm#g515

Minnesota General Rules of Practice for the District Courts

Rule 515. Entry of Judgment



The court administrator shall promptly enter judgment as ordered by the judge. The judgment shall be dated as of the date notice is sent to the parties. The judgment so entered becomes finally effective twenty days after mailing of the notice, unless:

(a) payment has been made in full, or

(b) removal to district court has been perfected, or

(c) an order vacating the prior order for judgment has been filed, or

(d) ordered by a judge.



As authorized by law, any judgment ordered may provide for satisfaction by payment in installments in amounts and at times, as the judge determines. Should any installment not be paid when due, the entire unpaid balance of the judgment ordered, becomes immediately due and payable.

 

[TigerD]

You should probably take a couple of months to research it and be sure.

DC

 

[nordberg25]

Well, all you experts didn't answer the question. Had to research it myself. Nothing but a bunch of hindsight debt"expert".

Nothing you can do about it. Just wait.

Seriously, why give the wrong advice?

 

[ecmst12]

You need to have realistic expectations. This forum is about debt collection. You can't expect people here to be experts on how every single district court/small claims court in the country handles reporting judgements.