Thursday, October 21, 2004

How Long Do Judgments Stay on a Credit Record in California Law?

California tends to be one of the most progressive states when it comes to rights for consumer credit reporting --- a number of public records disappear sooner than if you lived in another state. Public judgments, however, usually follow federal credit reporting standards. That doesn't mean you can't get a judgment removed from your record before it does its damage.

Identification

    Public judgments in California typically appear on your credit report for seven years after the court files the case with the county clerk --- the same as every other state. The only exceptions to this are bankruptcy judgments, which remain up to 10 years if you file Chapter 7, seven years for a Chapter 13 and tax liens, which remain for seven years after you pay them or 10 years if they're unpaid. Experian reports unpaid tax liens for 15 years, while Equifax and TransUnion report them for an indefinite amount of time. Leniency in California for tax liens is less important than in previous years, because the Internal Revenue Service passed a new rule in 2011 that lets the taxpayer remove all records of a tax lien as soon as he pays his debt.

Statute of Limitations

    Public judgments can stay on your credit report for the longer of seven years or whenever the statute of limitations runs out on a judgment --- 10 years in California, according to the California Office of the Attorney General. However, once the judgment leaves your report after seven years, it can't return. Even if the creditor renews the judgment, which it can do every 10 years, the judgment can't reappear on your report.

Effect

    Do whatever it takes to prevent a court from entering a judgment into the public record, because your credit report follows you in the United States, even if you leave California. Public judgments can do dozens of points of damage to your credit score --- not repaying a debt is a blemish on your credit history and a sign that you may not be of high character.

Tip

    If you feel you were sued in error, you can motion to vacate the judgment in California. You have 30 days to file a motion to vacate after receiving a "Notice of Entry of Judgment" or 180 days after discovering the notice if you were never formally served with the notice. Judges usually rehear your trial immediately if the court accepts a motion to vacate, so prepare evidence to disprove the validity of the case when go to file a motion to vacate. Alternatively, you could try to settle with the judgment creditor --- the suing entity --- to prevent the judge from entering a decision into the public record.

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