Sunday, May 25, 2008

How to Vacate a Judgment to Get It Off Your Credit

Court judgments cause significant damage to your credit report. If a creditor got a default judgment against you because you weren't present at a court hearing, you may be able to vacate the judgment and have it removed from your credit report. However, just because a judgment is vacated does not mean that your creditor's case against you is dismissed: You'll still have to show up in court and defend the case. If you lose, the judgment can end up back on your report. Consult with a lawyer about any legal matter, even if you plan to represent yourself in court.

Instructions

    1

    Check your state law for the statute of limitations on vacating default judgments. If you miss the statute of limitations, you may not be able to vacate the judgment.

    2

    Determine whether you have a legitimate reason for vacating the judgment. For example, if you weren't in court because of a medical problem, work or a family emergency, a judge may be willing to vacate the judgment. Another defense might be that you were never properly served with the original summons and didn't know that the creditor filed suit against you.

    3

    Request the appropriate form for vacating a judgment from the courthouse where your case was tried. These forms may be available online through the courthouse's website, or you may need to visit the clerk of court's office to pick them up.

    4

    Fill out the form and submit it to the court along with the appropriate fees. Each court has its own process for notifying your alleged creditor and letting you present your case to the judge. If you don't understand the process at your courthouse, ask the clerk for information on what you need to do next.

    5

    Check your credit reports after the judge vacates your judgment. The judgment should be removed by the credit bureaus, but if it isn't, send the credit bureaus a copy of the judge's order and request that they remove the judgment from your report. It can take 30 days or so for the change to be made, after which the credit bureaus will mail you a copy of your updated credit report.

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