Full question:
I have a judgement against me that shows up in my credit report. I wish to pay the judgement but I cannot find the plaintif as they have gone out of business. Would the judge dismiss the judgement? It was filed in 2004 and in 3 months it will expire.
- Category: Debts and Credit
- Subcategory: Credit Repair
- Date:
- State: Virginia
Answer:
No, the court will not dismiss the judgment just because you cannot locate the plaintiff to pay it. Under the Fair Credit Reporting Act (FCRA), negative items like judgments can remain on your credit report for seven years from the date of delinquency. If a debt collector contacts you, they must provide written verification of the debt if you request it. This includes the amount owed, the creditor's name, and your right to dispute the debt.
If you believe there is inaccurate information on your credit report, you should contact both the credit reporting agency (CRA) and the information provider. Write to the CRA explaining what you believe is incorrect. The information provider must investigate and report the results to the CRA. If they find the information is incorrect, they must notify all nationwide CRAs to correct your file. If the dispute does not resolve, you can request that your statement about the dispute be included in your file, which must be reported whenever the CRA reports the negative item.
According to the Fair Debt Collection Practices Act, if you dispute a debt within thirty days of receiving a notice from a collector, they must cease collection until they verify the debt and provide you with the necessary information.
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.