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Author: w8ingtodance One star, 50 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 308686  
Subject: Civil Judgment question- LONG POST Date: 8/20/2003 3:51 PM
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Hello,

Here is the long and somewhat confusing senario regarding this mess:

My dh and I were sued in small claims court over a year ago, and had a judgment rendered against us. Three months pass, and due to some extreme confusion on the part of the presiding judge, and the extreme need that the opposing party had to make our lives living he**, the judgment was filed with the County Clerk five days after opposing party received written notification of judgment, an income execution was issued, and the judgment ended up on our credit report.

In the meantime, we are on vacation, and return to find the written notice of judgment and the income execution that had already been filed. I immediately filed an appeal with the County Court. I also paid the Sheriff's Department to stop the income execution as it was due to go to my dh's employer within 2 more days.

Two additional months pass, and we win the appeal. The case must be retried in the same court. We await a retrial....for four months. In the meantime, I have been denied for a mortgage because of the recent judgment, and I have personally pulled our credit reports. I call all the credit bureaus and am told that the appeal that issued a retrial will not remove this from my file...only a reversal or vacation of the judgment.

Retrial is held (now 8 months after original trial) and I again appeal. Immediately. Judgment is reversed, and case is remanded to another court. Case is reheard in another court, and the case is dismissed.

Now....here is my question. I checked with the County Clerk who has told me that the judgment is now listed in county records as "Vacated Per Court Order" after my second appeal. The commissioner has assured me that he also sent this information to the company that reports to the credit bureaus to get this removed from my credit report. How long will that take?

Should I be sending dispute letters to the credit bureaus myself as well? This whole thing is a mess, and I am sure that my FICO score has suffered heavily due to the judgment being listed on there. Yes, we are planning on buying a home in the near future, and I want to get his cleared up asap as we were already denied a mortgage because of it. (That's how I found it was listed on my report at all.)

Any thoughts, suggestions, or ideas are greatly appreciated.

w8ingtodance
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