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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am looking on removing an Judgement I have on my credit

Customer Question

I am looking for advice on removing an Judgement I have on my credit file. I did engage with a credit repair company to help out in this matter … but I don’t seem to be getting anywhere. I have already spent about 4k on legals + credit repair on a 2k debt.
The judgement came about on my Strata Levies where I did get behind mainly due to one of my business going into cash crises with a few large customers declaring bankruptcy … plus slow paying customers. (this being in the retail trade around 2012/13). Why I got behind was more that my focus was trying to keep the business trading … and focus on the big players creditors. I did eventually realised I was behind with the annual report and sent a payment (well broken into 2) directly to the Strata Company before the Judgement … of the sum of around 2k. Not the exact amount to the judgement but about $50 off (figure there must be some sort of charge). However, at that time I did not realise that my outstanding balance was sent to a legal firm and they were dealing with it… nor knew it was in legal proceedings. So I think the mistake is that I paid the Strata Company directly not the legal firm so it went to an judgement. Then I proceed to send to the Strata payments of around 6k … for the next 6months which in theory should have had me up to date… however, I didn’t realise I had been occurring legal fees… around 3k worth so a second Judgement of 2k was placed against me. I then realised that something was not correct … as I still had a balance with my Strata Company in arrears… so I asked for a statement to understand what was going on… during this period I keep sending small amounts of money so I would not incur any more legal fee until I could understand what was going on. The first statement the strata sent me … I could not understand, didn’t know how my payments were getting applied so this process took a while. I then came to realise that I had two Judgements against me … and I had incurred 3k of legal fees. Anyway, I left it as is… because I didn’t think I could do anything about it … but I now have to raise further funds from my Mortgage due to a Special levy of 45k … so this Judgement is stopping me getting the extra financing. My Strata Account is all up to date and I have on my Credit report as the two judgement being paid … as I sent a statement to Veda. But now I need to get the judgement removed… as I don’t think it fair since the first one was paid before the Judgement and the second one only incurred due to legal fees. Plus… I figure the punishment of incurring $3k of legal fee should be enough for poor administration and being naïve.
Anyway, I used credit repair company… they said all I needed was to get the person who filed the judgement to sign a Notice of Discontinuance which they provided me. This seem to be just an download from the local court website. I then sent this to the law firm who filed the judgement (as they did say they would sign it .. J.S Mueller & Co) … however it been a bit of backwards and forwards getting statement removed etc. The credit repair company had added into the Notice of Discontinuance that the Judgement to be set aside… the law firm says we need to file a Notice of Motion… so the credit repair company sent me this … I did ask if this is all correct because I don’t want a repeat of the Notice of Discontinuance. Sent it off to J.S Mueller & Co … and they have signed the Notice of Discontinuance but they say they are not able to consent to the Notice of Motion because I will require an Affidavit to accompany the Notice of Motion… stating that the monies have been paid and reason why I am seeking to have the judgement set-aside. I have gone back to the credit repair company with this info and waiting on their response … but this is very frustrating because I am not sure if they know what they are doing and it was a waste of money engaging them.
Are you able to help on the next steps... do I need to do an Affidavit to accompany the Notice of Motion
Submitted: 2 years ago.
Category: Australia Law
Expert:  Leon replied 2 years ago.

Good Morning,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

You cannot remove a judgement unless you have the court overturn it. The Court will not do that unless the other side agree to have it set aside.

When was the judgement entered?

Expert:  Leon replied 2 years ago.
Good Evening.
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