Can I vacate a judgment during settlement negotiations to prevent credit reporting?

Full question:

A rather large judgment entered in California from 1989 (renewed in 1999) has been recorded in my home state of NJ last week. Never knew about it, total surprise. This has never showed on any credit report and my credit scores with all three reporting agencies are outstanding. My concern is that it may NOW show on my credit report (20 years later) because of the event of the recording in my home state and satisfaction process in the near future. Is there a method (perhaps an agreement to actually VACATE the judgment as part of the settlement) during the settlement negotiations with the judgment creditor to eliminate the possibility of this showing up at all on my credit report?

  • Category: Debts and Credit
  • Subcategory: Credit Repair
  • Date:
  • State: New Jersey

Answer:

When a judgment is filed against a person, it can be disputed or satisfied. You may file a Motion to Satisfy Judgment, which indicates that the judgment has been satisfied. This will show up as 'satisfied' on your credit report but will remain for seven years, as required by law.

If you believe the judgment is incorrect, you can dispute it under the Fair Credit Reporting Act. The information provider must investigate your claim and report the results to the credit reporting agencies (CRAs). If the information is found to be incorrect, they must notify all nationwide CRAs to correct your file. If the dispute does not resolve in your favor, you can request that your statement regarding the dispute be included in your file. A notice of your dispute must accompany any report of the negative item by the CRA.

To update your credit report and reflect the debt as paid, you should obtain three certified copies of the Acknowledgment of Satisfaction of Judgment from the clerk's office and mail one to each of the three major credit-reporting agencies: Equifax, Experian, and TransUnion.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Judgments cannot be completely removed from your credit report unless they are found to be inaccurate or if they were vacated by a court. If a judgment is satisfied, it will still appear on your report but will be marked as 'satisfied.' This status indicates that the debt has been paid, but the judgment can remain for up to seven years from the date it was entered. Always check your credit report for accuracy and dispute any errors with the credit reporting agencies.