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I have a judgement that was filed in Forsyth County North Carolina

in October 2006, does this...
I have a judgement that was filed in Forsyth County North Carolina in October 2006, does this expire after 7 years? Is it renewable? How do I get this off my record?
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Answered in 4 minutes by:
6/20/2013
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102,694
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. By a "judgment" I understand that you mean a civil judgment. If so, I am afraid you cannot remove it off your record - it cannot be removed. However, it does expire. The judgment expires after ten years per §1-47. So if your judgment was rendered in October 2006, then it shall expire on October 2016.

Now, the party that holds judgment can renew it, but the onus is on them to file in court to to do. Before the expiration of this ten year period, an action may be brought on the judgment which has the effect of renewing the judgment for an additional ten years. However, many parties forget to renew, and if they do, the judgment becomes void and cannot be enforced.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Customer reply replied 4 years ago

I have no recollection of being served this judgment and I am not sure of who filed it - I only have the name of the attorney they used, would it be beneficial to try to find out more at this time or just dispute my credit reports? Will it come off my credit reports after the 7 years?

Janice,

Thank you for your reply.

1) While you have the ability to dispute this on your credit report, the credit bureau will go off whatever the Court states. So if the Court states that there is a judgment, then the credit bureau is not likely to take it off.

2) If one wishes to challenge it, perhaps your best bet in this situation is to challenge it in Court by filing a motion seeking to set aside judgment due to not ever actually being properly served, and re-opening the case. I am going to be honest - it may be hard to do since it has been such a long time since the judgment and this may not be successful, but it is virtually the only possibility to challenge the judgment at this point. If the Court agrees, re-opens the case, and it is later on ruled in your favor, then the credit bureau will take off the judgment.

Will it come off my credit reports after the 7 years?

Yes, it should. Generally, most court judgments stay on your credit reports for up to 7 years from the date they were filed. So while still enforceable for 10 years, it only stays on your credit for 7.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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Customer reply replied 4 years ago

Thank you!


 

You are very welcome. Good luck, and please don't forget to rate my answer in one of top three faces and then SUBMIT – it is the only way I get credit for my time with you – or, please REPLY to keep on chatting – I want you to be satisfied.
Ely
Ely, Counselor at Law
Category: Legal
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Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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