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cj2003

Judgement - how to fight

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Hi,

I am an Ohio resident and have a judgement that has been filed against me. The judgement was filed in 2006. ***** Collection is the company that has sued me and is trying to collect. This all originated from a ***** credit card.

How can I fight this and have it taken off of my credit report? I did not sign for the certified piece of mail that was sent to my residence informing me of the law suit. Is this something I can use against them? Also, how long does this stay on your credit report? My credit reports say December 2013, but I've heard many different time frames from several different people. If and when it does expire on December 2013, can they renew the judgement and put it back on my credit again?

Any help is appreciated.

CJ

[This post has been

edited to remove personal or identifying information. -Moderator]

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cj2003 said...

How can I fight this and have it taken off of my credit report?

If a judgment was entered six years ago, it's probably way too late to do anything about it now.

cj2003 said...

I did not sign for the certified piece of mail that was sent to my residence informing me of the law suit.

This is one of the dangers of not signing for certified mail. If you're saying that you were aware of the mailing and intentionally didn't sign for it, no, that's not something you can use to your advantage.

cj2003 said...

how long does this stay on your credit report?

Judgments can stay on your credit report for as long as they're enforceable, which could be forever if the creditor renews the judgment after the initial enforcement period.

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I did not purposely dodge the certified letter. It was signed by a friend at my residence when I was not present.

So, the judgement can be renewed? And how long can this stay on my credit report in Ohio? I have looked over the laws and this is what they say:

A

judgment issued by the Courts in Ohio is enforceable for a period of

five years. It becomes dormant and may not operate as a lien on the

estate of a judgment debtor unless it is executed within that period, or

revived. A creditor may revive a dormant judgment by filing an action

with

the court within twenty-one (21) years from the time it became

dormant. Once revived, the judgment may be enforced in the same manner

as other current judgments.

Ohio permits the entry of a judgment by confession. A

debtor may appear in a court of competent jurisdiction and confess

judgment. (O.R.C. 2323.12.) An attorney may confess judgment by

producing to the Court a warrant of attorney which contains specific

warnings and notice to the debtor in the instrument evidencing the

indebtedness. The warnings must appear on the

instrument clearly and

conspicuously and must conform to the requirements under the Ohio

statutes. (O.R.C. 2323.13.) However, a warrant of attorney to confess

judgment in an instrument arising out of a consumer loan or consumer

transaction is invalid, and the Court generally does not have

jurisdiction to render a judgment based on such a warrant.

A

judgment creditor generally may execute a judgment against the real or

personal property, or both, of the judgment debtor. Such property may

include lands and tenements, and goods and chattels which are not exempt

by law. A wage garnishment may also be permitted, but only upon full

compliance with specific requirements set forth in Chapter 2716 of the

Ohio Revised Code.

The requirements include service of a prescribed written

demand upon the judgment debtor at least fifteen days and not more than

forty-five days before the wage garnishment order is sought (O.R.C.

2716.02), filing of an affidavit with the Court, service of the wage

garnishment order and notice upon the employer, and service of a notice

and request for hearing upon the judgment debtor. (O.R.C. 2716, et seq.)

From the way I understand it, it can be renewed every 5 years for up to 21 years. Is this correct? So, when this falls off in December 2013, they can renew the judgement and have it placed back onto my credit?

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cj2003 said...

I did not purposely dodge the certified letter. It was signed by a friend at my residence when I was not present.

Did your friend give you the letter? Were you aware of the lawsuit?

cj2003 said...

From the way I understand it, it can be renewed every 5 years for up to 21 years. Is this correct? So, when this falls off in December 2013, they can renew the judgement and have it placed back onto my credit?

My interpretation of what you quoted (which I believe is not directly from the statute itself) is as follows: (1) a judgment may be enforced for a period of five years after it is entered; (2) a judgment will become dormant if it is not enforced in that five year period or revived; and (3) a judgment can be revived at any time within 21 years after it becomes dormant.

What's missing from that discussion is what happens if the judgment is enforced within the five year period (i.e., the judgment becomes dormant if it is not enforced during the five year period, but what if the judgment is enforced during that period?). The bit you quoted does not support the conclusion that there is any limitation on how many times a judgment may be enforced.

I briefly looked at the relevant statutes, and they seem fairly convoluted, so I can't really clarify all this for you.

Note also that I believe the Fair Credit Reporting Act allows credit reporting agencies to report judgments for seven years or as long as they are enforceable. If I'm remembering that correctly, the judgment will show up on your credit reports for seven years even if it becomes unenforceable before that.

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