Expert: Regan Shinski - 1/19/2010

Question
Hello,
I am in the process of trying to repair my credit to purchase a house. It was brought to my attention that I have a judgment on my credit. The judgment was filed in I believe February of 2006 and I did not receive a summons to appear in court because I relocated to Georgia in January of 2006.Apparently the judgment started at around $1300 and it is now up to around $3000. I'm trying to figure out how to get this taken care of. I sent out dispute letters to have it removed from my credit reports. Equifax deleted it but Transunion and Experian has yet to delete it. Please Help!  

Answer
Hi Jessica:

First of all, you should feel very blessed that Equifax deleted it.  It's one of the more difficult ones to remove through the dispute process.

If you did not receive summons, you should check with the court the procedure to have the judgement vacated.  The process can vary by court and state but usually involves you petitioning the court, explaining why you want it vacated, and awaiting their decision.  Often a hearing is needed.  Vacating a judgement is essentially saying it didn't happen.  It does not clear you entirely.  The creditor can usually refile the lawsuit.  Some courts have time limitations, so be sure to explain how you found out about this and that you were not served.  

The court's website often has forms and information to help.  The court clerks can also point you in the right direction.  An attorney can also be used and may even be recommended in this case with the time having passed and the stakes being so high.  Often the court will also have all documents including the creditor's attempt at summons.

You can also continue dispute options but I would not count on continued success with that.  you should also be aware that any efforts on your part may alert the judgement holder to your whereabouts.  You may be waking a sleeping giant and they can pursue the collection of the judgment.  This likely is just a chance you have to take but you should research what collection techniques are allowed in your state such as garnishing of wages.  

If you don't have success with any of these options, you can also petition to vacate the judgement based that it was filed in the wrong venue - out of state.  

Good luck,
Regan