Legal Question in Credit and Debt Law in Michigan
Satisfied Judgment
I had a judgment filed against me in March of 2003. I paid off the judgment in November of 2003. I have copies of my canceled checks. I have the billing statement showing a zero balance and the collection agency receipt. I sent him a check for the full amount of the judgment. He returned my check saying the balance was paid and I didn't owe any money. I have kept records of the dates and times I called, who I spoke with and the result of the conversation. I have asked the dentist at least once a year since 2004 to show the judgment as satisfied. I have been turned down for credit twice because of him. Now I am paying a � percent higher interest rate on a $200,000 house, because the judgment still shows. Providing the lender will even approve the mortgage. Can I sue for damages?
2 Answers from Attorneys
Re: Satisfied Judgment
Have you tried to submit a Satisfaction of Judgment in the court where the Judgment was entered, with your supporting documentation? It is unlawful for someone to fail to report a judgment as paid, when in fact, it has been paid.
I would suggest that you retain me to review your documents and send a letter to the dentist demanding that he clarify this matter.
You should also immediately dispute the matter with the 3 credit reportin agencies by sending them a letter w/ your documentation that supports your contention that the judgment was paid in full, so that they are forced to investigate the matter and hopefully update your credit report to indicate the judgment was paid in full several years ago.
If you can't get anywhere and the dentist refuses to cooperate, then pursuing a civil action against him seeking injunctive relief and monetary damages may be the only route to go.
If you'd like to retain me to assist you, please contact me.
Thanks.
Re: Satisfied Judgment
Yes, you can sue for damages under the Federal Fair Credit Reporting Act. Before preparing the complaint, you should send a letter to the big three credit reporting agencies (Transunion, Experian and Equifax) and dispute the adverse credit report. Also request that a statement explaining the adverse event be included on the report until the matter is settled. Send a copy of the letter to the dentist. The credit reporting companies will then contact the dentist to find out about the incident. If he does not report the incident fairly, then you will have provided further foundation for a lawsuit.
If it gets to the complaint stage you can provide the dentist with a copy of the draft complaint giving him the opportunity to correct the matter before he ends up paying.
Under the consumer heading on my website, www.lawrefs.com, I do have articles that are related to your question and which you might find useful.