Author Topic: wrongful judgement scheduled to come off my report 07/15 but I want it off now  (Read 1594 times)

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gregorya51

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In Aug of 2008 a consultant to a limited liability company that I owned and closed on Dec 31, 2007 sued me personally for $52,747 and was a awarded a judgement.  I did not show up in court and I do not know what was presented for evidence but I know for sure that I have no personal liability in this matter.  My consultant agreement (which my attorney drafted) was very strong and made clear that I did not have any personal liability in the case of default.  Anyway, I have been delinquent since then in that I have never taken any action before now to clean up my credit.  It is scheduled to come off my TransUnion report (which shows that it is a civil judgement and that it is an individual debt) in 07/2015 But I want it off now.  The judgement was granted by the Maricopa Superior Court in Az.  Has anyone dealt with a matter like this?  I have not heard from creditor since 2008.  Can I file a dispute with TransUnion or will I have to contact the creditor as well and if I do so am I alerting them to my whereabouts and giving them the opportunity to come after my assets more easily? Any suggestions as to how I can remove this from my report without giving the creditor the opportunity to seize my assets?

Clydesmom66

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There is ONE exception to the 7 year reporting period under the FCRA and that is public records.  As long as the judgment is active with the court the web crawlers that the reporting agencies use will find it and it will continue to report as an unsatisfied judgment.  More bad news is that even though judgments in AZ are only good for five years they are renewable and accrue post judgment interest.  If he got this judgment in 2008 then at some time in 2013 he renewed it which means it will remain there until 2018 unless you pay it.

I did not show up in court and I do not know what was presented for evidence but I know for sure that I have no personal liability in this matter.

The time to assert that defense was in court at trial.  The court has no knowledge of this and because you no-showed after being properly served all they have is the Plaintiff's story. 

Has anyone dealt with a matter like this?  I have not heard from creditor since 2008. 

Yes, and the news is not good.  You had a window of 30 days to appeal the judgment and once a  year elapsed it was etched in stone so the chances of getting it vacated now are slim to none.  Especially since you have known about it and were properly served but simply chose to ignore the suit.  Add to that this guy seems bent on jacking your credit until you pay because he did renew the judgment timely and you have another problem. 

Can I file a dispute with TransUnion or will I have to contact the creditor as well and if I do so am I alerting them to my whereabouts and giving them the opportunity to come after my assets more easily?

If you dispute it they may or may not contact him but will definitely check the court records.  Until he files a satisfaction of judgment it will stay there.

Any suggestions as to how I can remove this from my report without giving the creditor the opportunity to seize my assets?

Settle the issue with him.  I do not see many options here that will give you what you want which is removal without paying the debt.
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

gregorya51

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Thank you all for the insight and knowledge.  I am still in very poor financial shape.  I guess when I am able I will hire an attorney to address.

Admin0248

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In Aug of 2008 a consultant to a limited liability company that I owned and closed on Dec 31, 2007 sued me personally for $52,747 and was a awarded a judgement.  I did not show up in court and I do not know what was presented for evidence but I know for sure that I have no personal liability in this matter.  My consultant agreement (which my attorney drafted) was very strong and made clear that I did not have any personal liability in the case of default.  Anyway, I have been delinquent since then in that I have never taken any action before now to clean up my credit.  It is scheduled to come off my TransUnion report (which shows that it is a civil judgement and that it is an individual debt) in 07/2015 But I want it off now.  The judgement was granted by the Maricopa Superior Court in Az.  Has anyone dealt with a matter like this?  I have not heard from creditor since 2008.  Can I file a dispute with TransUnion or will I have to contact the creditor as well and if I do so am I alerting them to my whereabouts and giving them the opportunity to come after my assets more easily? Any suggestions as to how I can remove this from my report without giving the creditor the opportunity to seize my assets?


Please use paragraph breaks in appropriate places in your posts.  It makes it easier to read than the stream-of-consciousness approach.

It is also the customary when using good, standard written English, which is what DB insists upon so as to keep this board from devolving into just another, meaningless social media outlet.

 

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