If you were successful getting a civil default judgment set aside, it is important to make sure that the credit reporting agencies (Experian, Equifax, and TransUnion are the primary ones) identify the vacated judgment on your credit report. A judgment on your credit can greatly impact your ability to get a mortgage, loan, or credit card. Our firm has significant experience in representing individuals in claims under the Fair Credit Reporting Act (FCRA) where the credit bureaus are improperly reporting the vacated judgment.
We recently obtained a settlement for a client of $40,000.00 after a credit reporting agency refused to fix a record that was reporting incorrectly even after the bank who obtained the original judgment had dismissed the case because the money was not owed. Initially, if the creditor has obtained a default judgment, you will need to take steps 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 set-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 who has the inaccurate record on your report.
Within 30 days of the dispute, the credit bureau must alter your credit report to reflect the vacated judgment. If they don’t, you may have a claim against the credit bureau (and the creditor) under the FCRA.
Representation for Vacated Judgements
Maginnis Howard handles vacated judgment credit report claims on a contingency basis. This means you don’t pay unless and until we win. We also handle claims involving uncorrected satisfied judgments, expungements, and other inaccurate court records on your credit report. You can reach out to our firm at (919) 526-0450 or through our contact page.