If you were successful in getting a civil default judgment set aside, it is essential to make sure that the credit reporting agencies (primarily Experian, Equifax, and TransUnion) identify the vacated judgment on your credit report. A judgment on your credit can significantly impact your ability to get a mortgage, loan, or credit card. Our firm has experience representing individuals in claims of improperly reported vacated judgements under the Fair Credit Reporting Act (FCRA).
About Vacated Judgements
When a creditor sues an individual over debts, they will file the case in civil court. A judgment on your credit report can result in higher interest rates or loan denials. If the creditor has obtained a default judgment, you will need to get the judgment set aside or vacated. Once you have obtained the set-aside, go to www.annualcreditreport.com to see if the judgment appears on your record. If it does, you should file a dispute with the credit bureau. You should attach a copy of the Court Order which sets aside the judgment against you. Disputing it with the bank or other creditor does not assist you in getting the record off of your credit. You must dispute it with the credit bureau, which has an inaccurate record on your report.
Your Rights After a Vacated Judgement
If your judgment has been vacated, it is crucial to understand your rights regarding your credit report. According to the FCRA, the credit bureau must update your credit report to accurately reflect the vacated judgment within 30 days from the date of the dispute. This means that once you notify the credit bureau of the vacated judgment, they are legally obligated to make the necessary changes to your credit history. If the credit bureau fails to comply with this requirement and does not amend your credit report, you may have grounds to file a legal claim against the credit bureau and the creditor involved for inaccurate credit reporting. Keep all records of your communications with the creditors and credit bureaus to ensure you have strong evidence for your case.
Representation for Vacated Judgements
We recently obtained a $40,000.00 settlement for a client after a credit reporting agency refused to fix a record reporting incorrectly, even after the bank that obtained the original judgment dismissed the case because the money was not owed.
Maginnis Howard handles vacated judgment credit report claims on a contingency basis. This means you don’t pay unless and until we win. We handle a range of credit reporting topics, including bankruptcy discharge violations for clients across the Carolinas. You can reach out to our firm at (919) 526-0450 or through our contact page.
