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Question By
Ashleyieko

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Judgement on Credit Report
I've recently had an old Capital One account removed from my credit report. It went into collections back in 2006, so it had reached it's 7 year mark. Capital One took me to court in 2010 for this account. I now have a civil claim judgement listed on my report. How do I get this removed? Even though the original account is no longer on my report, do I still need to settle it in payment to remove the judgement? I don't want to wait until 2017 to have this thing fall off!

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You are dealing with two separate issues. First, the credit history of a poorly managed account. You may have seen the account fall off your credit report but you now have a legal issue. Apparently the debt has not matured beyond your states statute of limitation so you now have some legal public record showing on your report. I say that because usually the statute of limitations on unsecured debt is much less then 7 years. And because you call it a 'civil claim' and at the same time call it a 'judgement.' Usually it is either a claim or a judgement, not both, but then I do not know the stat you are in nor the specific laws of your state.

You should probably consult with an attorney in your jurisdiction to see if this is a suit that has been filed or a suit that has gone to judgement. Usually, by the time you see it on a credit report it has gone to judgement and is too late to dipute it.

Bottom line is, your judgement, if that is the case, will now stay on your credit report for another 10 years. You should have paid it while given the chance.

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Contact all three agencies letting them know that the courts do not verify civil judgements.  The agencies get this information from third parties which is not legal. They must verify with originators and the courts simply do not have the time or staff to verify judgements. Certainly you want to settle your debt, but I suggest you handle the public records issues separately as noted above.  Be sure to contact all three agencies.  So far I've been able to get two of them to remove my record by calling them out on not verifying with the court.

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