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Justice court judgement question...



slippymississippi@yahoo.com (Son of Spam)
5/25/2004 8:13:24 PM


I'm in Mississippi. In 1999, my wife signed a contract with her name,
"Jane Doe." However, the contract was made out to me, and she has no
power of attorney for me. One year later, she stopped making payments
and didn't tell me about it. The first I heard of it was a notice of
a judgement against me for $200 (yes, that's right, I was never
subpoenaed although a local deputy recorded that he attached the
papers to my door). When I found out about this, I settled with the
business in question for the full amount and got a note in writing
stating that I had paid the amount in full. I asked the judge to
vacate the judgement since I had never been served papers. He set
aside the judgement (whatever that means), and set a new trial date.
Something urgent came up on the day that I was to attend, and I failed
to show. Knowing that the debt had been satisfied and the plaintiff
would not appear in court, I blew it off thinking that the judgement
had been vacated. No plaintiff, no judgement... or so I thought.
It turns out that this thing is still sitting on my credit report. I
went to the courthouse to inquire why it was still listed when the
judgement was vacated, and they claimed that it was never "vacated,"
but that the case was "postponed" or somesuch... and when I didn't
show the second time, they simply reverted to the original judgement
even though the plaintiff did not show up. The original judgement was
posted on 8/2001... do I have any recourse to wipe this accursed thing
off my record, or did I blow it by not showing up for the second
hearing?
 
 
"Paul Cassel"
5/27/2004 8:09:54 AM


Son of Spam wrote:
[had judgement entered against him, but he satisfied debt prior to then]
The original judgement was
posted on 8/2001... do I have any recourse to wipe this accursed thing
off my record, or did I blow it by not showing up for the second
hearing?
Credit reporting agencies are free to remove items from you report if they
think that the item doesn't accurately reflect your credit worthiness. If I
understand your post correctly, you did make an error in not showing up, but
the entire incident taking as a totality isn't an adverse reflection on your
credit worthiness.
As such, I'd take your story to the credit reporting agencies to see if
they'll wipe it off of your record. I think they will, but it's not my call.
Finding credit reports is easy. Just search the Web and you'll find many
services who will do this for a variety of fees. Along with the report will
come instructions for contacting the credit agencies.
-paul
ianal
 
 
sethb@panix.com (Seth Breidbart)
5/30/2004 1:54:15 PM


In article <h3o7b01mf0s68ea4ist1u916ep6buoek7k@4ax.com>,
Son of Spam <slippymississippi@yahoo.com> wrote:
It turns out that this thing is still sitting on my credit report.
.. . .
The original judgement was
posted on 8/2001... do I have any recourse to wipe this accursed thing
off my record, or did I blow it by not showing up for the second
hearing?
You blew it, but there's a simple possible solution: challenge it. It
comes off your credit report while they ask the original creditor
about it. Since the money was paid, he probably won't bother
answering (or will say that it was paid).
Seth
 
 
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