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Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 23395
Experience:  Attorney with 14 years experience in various consumer protection areas
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I have a judgement against me from 2005 which has fallen off

Resolved Question:

I have a judgement against me from 2005 which has fallen off my credit report so should I pay it off? Also if I do will it show back up on the report?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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The statute of limitations on a judgment rendered in Michigan is 10 years, so from a purely legal perspective, it is still enforceable and technically shouldn't have fallen off your credit report. Judgments will typically stay on a person's report as long as they are enforceable or 7 years, whichever is longer. So you must have caught a lucky break.
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With that said, this might be a "fishing expedition" on the part of the attorney to try to collect on the debt because it would be difficult and expensive to come after you in SC for a $4600 debt.
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Obviously it is your decision whether to offer to settle or not, but if the attorney doesn't take any further action to try and collect, if you don't respond, in 2 years the debt would be uncollectible.
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Thanks
Barrister
Customer: replied 1 year ago.


The lawyer in Michigan did send a letter about the debt so I called them back to see what it was about and of course they said they were trying to enforce it. Can they not get the judgement renewed for another 10 years? Also If I did pay it would it now show up and negatively affect my credit?

Expert:  Barrister replied 1 year ago.
Yes, they can file a motion to renew the judgment for another ten years as long as they do so prior to the first one expiring. But if they don't think that they can collect, they might not bother.
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Whether it would reappear on your credit report depends on whether the lawyer or original creditor notified them again once you started to pay. They wouldn't have any other way of knowing if the judgment was paid, expired, or was settled. So unless they call the credit reporting agencies, your report will stay as it is now with regard to this debt.
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But if you wanted to clear the air and not risk having this appear on your credit report again, you could offer to settle the debt for some reduced amount. With a debt this old, if you could get it settled for 20-25% that would be a reasonable amount..
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Thanks
Barrister
Customer: replied 1 year ago.


I do believe they will renew the judgementthough not sure if I can get them to accept less than full amount owed. I am just concerned that when I pay it no matter how much that is I will reduce my credit score because it will now put the judgement activity on my report as an activity with this year being the date.

Customer: replied 1 year ago.
Relist: Other.
just wanting answer quicker
Expert:  Barrister replied 1 year ago.
Sorry about that, had to step out of the office for a while...

I am just concerned that when I pay it no matter how much that is I will reduce my credit score because it will now put the judgement activity on my report as an activity with this year being the date.
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As I mentioned earlier, the only way that the credit reporting companies will get wind of this is if the creditor actually takes the steps to notify them. That means that the creditor actually has to get on the phone, call them, and then send over whatever paperwork they want to update their files. There is nothing in it for the creditor in doing this other than to ding your credit.
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If you agree to settle or pay them something, when you send in a check, the credit reporting agencies have absolutely no way of knowing that you did so unless the creditor notifies them.
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So if you agree to some type of settlement, I would make it a condition in writing that they didn't notify the credit reporting agencies at all about the matter.
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Thanks
Barrister
Barrister, Lawyer
Satisfied Customers: 23395
Experience: Attorney with 14 years experience in various consumer protection areas
Barrister and 4 other Consumer Protection Law Specialists are ready to help you

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