Lien Judgement On Credit Report In Franklin
Description
Form popularity
FAQ
Unfortunately, it is impossible to remove the judgement from your credit report. However, you can have the creditor express fullfillment to the debt. What happens is the judgement that appars on your credit report falls under the public records section which basically has nothing to do with the creditor at that point.
For that purpose the judgment debtor should approach the plaintiff/judgment creditor or his/her/its attorney to obtain the written consent to rescission of judgment. There is however no requirement in law that obliges a plaintiff/judgment creditor to give a consent to rescission of judgment.
If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to “set aside” (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
As further bad news, default judgments do not simply vanish. The lien of a default judgment lasts five years and may be easily and repeatedly revived and transferred to other counties or states.
Most Courts, including California, put strict time limits on when that motion may be filed (six months from entry of default in California though this time limit may be altered based on various factors) and the longer the period of time from entry of default, the harder it is to have the Court remove it.
What Do You Do When There Is A Judgment Lien On Your Property, But The Judgment Has Expired? Judgments have expiration dates. If they are not timely renewed, they expire. In CA that is 10 years.
A defendant can challenge the entry of default by filing a motion pursuant to Federal Rule of Civil Procedure 55(c), which allows the court to set it aside for “good cause” shown. Under certain circumstances, the court is required to do so.
In many states, a judgment doesn't become a lien on the defendant's property until the plaintiff makes an additional filing and records the judgment in the county where the property is located.
After a default has been taken, a judgment can be taken by either submitting documentation with a declaration as to the truth of the documents, or by having a prove-up hearing, where testimony is taken and documents are submitted. So the answer is yes. They can't execute the judgment without finding you, though.
Judgments have expiration dates. If they are not timely renewed, they expire. In CA that is 10 years. However, when a judgment lien has been recorded against your property, it has no expiration date.
