Judgment
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Judgment (by Audrey [NC]) Sep 8, 2009 8:20 PM
       Judgment (by reid [KS]) Sep 8, 2009 8:34 PM
       Judgment (by IN [IN]) Sep 8, 2009 8:40 PM
       Judgment (by Getty [GA]) Sep 8, 2009 9:09 PM
       Judgment (by Reid [KS]) Sep 8, 2009 9:20 PM
       Judgment (by Getty [GA]) Sep 9, 2009 12:58 AM
       Judgment (by RR [WA]) Sep 9, 2009 1:07 AM
       Judgment (by Getty [GA]) Sep 9, 2009 4:33 AM
       Judgment (by TE [TX]) Sep 9, 2009 5:45 AM
       Judgment (by TE [TX]) Sep 9, 2009 6:12 AM
       Judgment (by REID [KS]) Sep 9, 2009 7:54 AM
       Judgment (by Getty [GA]) Sep 9, 2009 2:22 PM
       Judgment (by Audrey [NC]) Sep 9, 2009 4:21 PM
       Judgment (by Getty [GA]) Sep 9, 2009 6:39 PM
       Judgment (by Audrey [NC]) Sep 10, 2009 8:16 AM
       Judgment (by LUKE [AZ]) Dec 27, 2009 10:05 PM


Judgment (by Audrey [NC]) Posted on: Sep 8, 2009 8:20 PM
Message:

State Specific Question About: NORTH CAROLINA (NC)

I had a tenant take me to court for keeping a portion of her security deposit due to property damages, late charges and her failure to clean the property. She was requesting in excess of $800.00 but received a $130.00 judgment due to a letter I had written her stating that I would wave the past due late charges if she would pay the remaining rent on time. However she did not, so I with held them along with the other charges from her deposit. However the judge ruled that she receive the $130.00 back therefore I had a judgment issued against me and it went on my credit report even though I paid it promptly. Is there anything that can be done to avoid having this type of judgment added to a landlords credit report? This seems so unfair and I am the one who has been harmed due to the tenants actions. --24.74.xx.xx




Judgment (by reid [KS]) Posted on: Sep 8, 2009 8:34 PM
Message:

Hey you win some and lose some. Do you think that the big boys like Donald Trump don't have a list of law suits on their books ? Law suits are just a part of doing business . As long as the courts remain the way they are( or continue to get worse)It's just the way it is .A good FICO is good but don't worship at the alter of the Great FICO. --70.250.xxx.xxx




Judgment (by IN [IN]) Posted on: Sep 8, 2009 8:40 PM
Message:

The only time to worry about a Judgment is when you need a loan, and if the Judgment is paid off it is no problem with the bank, because it is no longer a liability --68.58.xxx.xx




Judgment (by Getty [GA]) Posted on: Sep 8, 2009 9:09 PM
Message:

The only way to avoid this type of judgment from going on your personal credit report is to lease your properties under an LLC.

And judgments, whether paid or not, do great harm to your credit score and credit profile. A judgment is pretty much in the top three of things that destroy your credit (bankruptcy, foreclosure, judgments). Your score will drop and you won't be able to have a perfect score for 10 years now. Also, other creditors may take note and raise your interest rates. It does not matter to them whether or not the judgment is paid - all the payment will prevent is attachment to your wages or property.

You learned a hard lesson. So many people on this site scream "stick it to them!" when it comes to suing tenants or keeping their deposit. In this case, look at how a $130 judgment is going to follow you for 10 years. The money you kept from the deadbeat tenant is going to pale in comparison to what this could potentially cost you in the future. --75.139.xx.xx




Judgment (by Reid [KS]) Posted on: Sep 8, 2009 9:20 PM
Message:

Getty, " judgements , whether paid or not do great harm to your credit score and credit profile" can you list a few references, Chapter and Verse to illustrate that position ? So that I can research it a little closer ? Thanks --70.250.xxx.xxx




Judgment (by Getty [GA]) Posted on: Sep 9, 2009 12:58 AM
Message:

When a judgment is reported on your credit report, your credit report is damaged. Paying the judgment removes the monetary obligation, but the damage is done to your credit report and credit score as the judgment is a matter of public record and WILL be reported on your credit report for the next 10 years. The judgment will show that it is satisfied, but in the eyes of the FICO model, it's just the same as an unapid judgment. It's the same with chargeoffs. You may pay a chargeoff and it may have a $0 balance, but it still sits there for the statutory amount of time.

If you need to research it further, Reid, I suggest contacting your bank's loan officer. And whether or not you worship at the altar of FICO, everything credit driven in our country relies on your FICO score. --75.139.xx.xx




Judgment (by RR [WA]) Posted on: Sep 9, 2009 1:07 AM
Message:

Surely a paid off tiny $130 judgement can't do much harm to the credit? or can it?

--98.247.xx.xxx




Judgment (by Getty [GA]) Posted on: Sep 9, 2009 4:33 AM
Message:

RR, yes, it can do awful damage to a credit score and report. The scoring model is not looking at the amount. The scoring model is looking for collections, judgments, foreclosures, bankruptcies, liens, etc. It could be $1 or $1,000,000 and the scoring model looks at it the same way.

In today's economy you can bet a judgment being put on a credit report is a big deal. Creditors are looking for ways to close accounts and raise interest rates. The presence of a judgment, whether satisfied or not, is a significant risk to creditors.

I would be willing to bet that if Audrey applies for credit right now, there is a very high chance she will be declined due to the presence of a recent judgment.

Don't get hung up on the $130 aspect - this is a BIG deal. --75.139.xx.xx




Judgment (by TE [TX]) Posted on: Sep 9, 2009 5:45 AM
Message:

Interesting converstion. Here is what I got of Wiki Answers:

Legal entries, like judgments, tax liens, bankruptcies and foreclosure cause significant deductions to an individuals credit score. These entries are a gigantic indicator of risk. Risk is what credit scores are all about.

Try to think of the situation in an objective manner. If you were thinking about lending to someone and found out that another creditor had to sue them to recover money; do you think you'd reconsider before making the loan or possibly charge more interest to offset the perceived increase in risk?

As far as credit is concerned, with any legal entry, being paid is simply a footnote. What needs to take place is for the proper DISPOSITION to be recorded. In the case of a judgment, the disposition is either a "Satisfaction of Judgment" or an "Order to Vacate Judgment" (dismissal). Call the courthouse where the judgment was recorded and ask the procedure (which varies from jurisdiction to jurisdiction) for obtaining the disposition appropriate for your case. More than likely, you will have to show proof of payment. After you obtain the disposition, be sure to take the additional step of having the new document recorded. There is usually a small fee for this, but it's well worth it. Recording this document will (hopefully) ensure that the disposition ends up on your credit report to "tie up" the legal entry in a nice bow.

It's also a good idea to forward a copy directly to any credit bureau reporting the judgment, just in case.

--99.53.xxx.xx




Judgment (by TE [TX]) Posted on: Sep 9, 2009 6:12 AM
Message:

I forgot to mention, in the future change your lease verbage to read rent will be applied to late fees 1st. Then when you go to court it will be for rent and not late fees. Sorry this happened to you. --99.53.xxx.xx




Judgment (by REID [KS]) Posted on: Sep 9, 2009 7:54 AM
Message:

Well I did as you suggested I just got back from the bank and they told me they don't use FICO scores . So I guess it does pay to have a relationship with your local community bank. --69.148.xxx.xxx




Judgment (by Getty [GA]) Posted on: Sep 9, 2009 2:22 PM
Message:

Reid, I agree that it is wise to have a relationship with a community bank. While community banks make local decisions with many decisions based on the relationship you have with the bank, I do hope you will understand the importance of a healthy FICO score as well.

Unless you can get every product and service you need from a local bank who doesn't use FICO, a poor FICO will cost you thousands more over someone with a healthy score.

It is not only banks who use FICO scores. These scores are used by insurers, employers, credit card companies, cell phone companies, utilities, etc. Anyone who has been deemed to have permissable purpose has access to your FICO score.

While it's good to know you can go to your local bank regardless of your score, people should not be painted into a corner by their FICO score. Regardless of who you are and what you have in life - you will need credit somewhere someday.

There have also been known instances of the FICO score being used to characterize defendants in lawsuits. It is theorized that if a person is poor with money handling and cannot maintain their credit, this affects their general character and reputation as well. What's going to happen when landlords who may not have perfect credit get dragged in front of a judge in small claims court and start complaining about their tenants being poor tenants, etc. and the judge starts referencing the landlord's low FICO score to characterize the landlord. This isn't a widespread practice at the moment but the day is coming.

After Michael Jackson died and they were researching his assets and liabilities, it was discovered that through poor spending and repayment choices his FICO score was 562 and he was about to be sued by either Discover or AmEx. His poor FICO score is why he couldn't seek credit to refinance some of his other debt before he went into default. So, we're all affected by this score. --75.139.xx.xx




Judgment (by Audrey [NC]) Posted on: Sep 9, 2009 4:21 PM
Message:

Thanks so much for the input...It was very informative. My FICO score and credit report means a lot to me whether I am using it or not. I didn't feel the judgment should have been issued in the first place since the tenant had all sorts of frivilous claims and her court action was for way above the amount of her deposit and I had all necessary documentation. Had I known the judgment would be going on my credit report, I would have appealed it. However, since it was only $130.00 I just paid thinking I would be done with it. --24.74.xx.xx




Judgment (by Getty [GA]) Posted on: Sep 9, 2009 6:39 PM
Message:

Audrey, at this point since it is already on there, make sure it is showing as satisfied. The damage is done to your credit, but if you buy or sell a house, you don't want it coming up in a title search because the slack courthouse attached it to your home.

And look into setting up that LLC! --75.139.xx.xx




Judgment (by Audrey [NC]) Posted on: Sep 10, 2009 8:16 AM
Message:

Thanks...I have done that and I have also notified the credit bureau and they have finally updated the entry to show that it had been paid. When I first checked my credit report and found it on there, it was showing that it had not been paid although it had already been paid. I contacted the local clerk of court and they told me they didn't report judgments, the credit reporting agency looked them up and reported them. This practice seems so wrong since it was not that I owed this person money and didn't pay it. It was a dispute over a security deposit. Which I refunded the tenant more of it than she deserved in the first place. I didn't keep the entire amount even though she left the house and lawn in a mess and owed three months late charges. --24.74.xx.xx




Judgment (by LUKE [AZ]) Posted on: Dec 27, 2009 10:05 PM
Message:

There is a much easier solution to this which I'm not going to give out at this point.

Reid,

Your local bank that doesn't use FICO scores opens quit early I see.

--24.9.x.xxx





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