Legal Question in Credit and Debt Law in New York
sealing civil judgements
Can State Of New York Courts seal civil judgments? The actual judgment was for unpaid college tuition. Currently, the judgment is satisfied and paid in full. However, I was told by the credit bureaus that it will take up to seven years for the judgment to be omitted from my credit reports. I am currently trying to buy a house, but the damn judgment is preventing me from getting competitive interest rates.
2 Answers from Attorneys
Re: sealing civil judgements
Not to my knowledge. There is a reason why credit reports carry this information for a period of time...it is to show your credit HISTORY. You do have the right to add an explanation to your credit report...which might be that you were unemployed after college so you could not pay your college bills...or something like that that would demonstrate that you are NOT a credit risk...USUALLY, the fact that a judgment was entered is evidence of shaky credit and you might be forced to pay more...at least until you can demonstrate your ability to make your payments on time...and THEN you might qualify for a loan with less interest, etc. Hiding a spotty credit history would be unfair to potential lenders so I do not think there is any basis for sealing a judgment...and I have never heard of such a thing. YOU SHOULD EXERCISE YOUR RIGHT TO LEAVE AN EXPLANATION ON YOUR CREDIT REPORT...ESPECIALLY IF THE REST OF YOUR REPORT IS UNBLEMISHED...also, there are credit repair specialists who MAY be able to remove unfavorable entries in your history to improve your chances of getting a lower rate...isolating the judgment would certainly help...good luck
Re: sealing civil judgements
Sealing a judgment or court order is a procedure unique to the criminal courts. However, the judgment may be 'removed'. This is a different type of procedure relying on the ennui of already-satisfied creditors. You are welcome to a consultation at my ofices for no fee at 42 west 44th st, ny,ny. Please call for an appointment first - 646-591-5786.