Legal Question in Civil Litigation in Virginia
I spoke to the creditor about vacating a judgement that has already been paid. They state the court system itself places the judgement on there as public record so they could not remove it from the credit report only the court system could do that. They also are saying even though I was living in HI, I was properly served because I was still in college and that I was being claimed on my parents taxes so there address would count as my permanent address. What can I do about this. I cant even rent an apartment with this on my credit. Do you think it is still advisable to try and vacate the judgement? Type your question here...
2 Answers from Attorneys
If the judgement has been paid, the entity, or person, who obtained the judgement has a statutory (legal) obligation to see that the judgement is marked on the Court records as "paid and satisfied".
If this creditor refuses or fails to follow through on what Mr. Mims has
outlined as its legal obligation, then you can request from the
clerk's office that a hearing be scheduled on the matter to get this judgment annotated as "paid and satisfied". (Make sure, of course,
that if such a hearing is necessary, that you bring with you to court
the proof necessary to show that the debt has in fact been paid.)
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