This is a great question we have been asked, because credit reports are important to our everyday lives. And there are a surprising number of judgments in Alabama that are vacated or done away with. Usually because the defendant was not properly served.
So what do you do if you have a judgment vacated?
The first thing you should do is check your credit reports if there’s been a judgment against you.
If there’s nothing on your credit reports about a judgment, then there’s nothing to do.
If the judgment is still on your credit reports after you’ve received a vacated judgment, then you need to properly dispute with the credit reporting agency that had has reported it.
Send them a letter explaining that the judgment has been vacated.
Include a copy of the original judgment in addition to the vacated judgment.
They should be able to look at your letter with that judgment and say, “Oh, we made a mistake. Let’s fix this for the consumer.”
Unfortunately, credit reporting agencies aren’t always so . . . honest.
Sometimes, more times than we would like to think, the credit reporting agency will say that they’re going to keep the judgment on there, but it will be marked as “satisfied.”
“Satisfied,” and “vacated.” are two different things.
Satisfied means that the debt has been paid.
Vacated means that the debt no longer exists.
Therefore, the credit reporting agency can’t report that judgment as “satisfied.”
If they refuse to fix your credit reports, you need to look into suing them for false credit reporting under the FCRA.
If they insist on leaving the judgment on your report, or they insist on labeling the vacated judgment as satisfied, that’s false information.
It’s the credit reporting agency’s job to report accurately.
The FCRA helps consumer by encouraging the credit reporting agencies to follow the rules and do what’s right.
If you have any questions, give us a call at 1-205-879-2447.
We will be glad to answer your questions, and walk you through your options.
I look forward to speaking with you!
Have a great day.