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Ask C.Fortunato Your Own Question
C.Fortunato
C.Fortunato, Attorney
Category: Legal
Satisfied Customers: 8023
Experience:  Admitted NYS Bar, member ABA, NYSBA, NYCBA, QCBA, Licensed Real Estate Broker
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How can I get a credit card judgement off my record after 3

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How can I get a credit card judgement off my record after 3 year? Because basiced on Alabama Code 6-2-37 - Commencement of actions -, a credit card judgement can only stay on your recorded for 3 years.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Consumer Protection attorney here to assist you.

cfortunato :

The Code section you referred to does not state a judgment can remain on one's credit report for only 3 years. It says that a creditor has only 3 years after an account is past-due to go to court to get a judgment.

cfortunato :

Unfortunately, a judgment can remain on one's credit report for up to 20 years, unless it is satisfied (paid).

Customer:

is there a Statutes of Limitations on how long a judgement can stay on someones record

cfortunato :

Yes - the federal Fair Debt Reporting Act, which applies to all states, provides that a judgment can remain on one's credit report for up to 20 years.

cfortunato :

That is, if it is not paid.

cfortunato :

If it is paid, it has to come off once it is paid.

Customer:

ok

cfortunato :

typo: it is the Fair Credit Reporting Act (not Fair Debt Reporting Act).

Customer:

so alabama dont have any type of statutes of limitations

cfortunato :

Not for credit reports - which are federally regulated.

Customer:

ok im talking about on the state court level

cfortunato :

Alabama, as well as all other states, only have Statutes of Limitation that apply to when a creditor can go to court.

cfortunato :

So, yes, Alabama's court Statute of Limitation is 3 years for a creditor to go to court to get a judgment.

cfortunato :

After 3 years, it is too late for a creditor to go to court to get a judgment.

cfortunato :

But if the creditor has already gotten a judgment, the creditor has up to 20 years to try to collect the judgment.

Customer:

ok but after they have the judgment it can will stay on untill its paid or 20yrs

cfortunato :

Yes.

Customer:

ok thank for the info

cfortunato :

You're welcome!

cfortunato :

And please have a pleasant evening!

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