Legal Question in Consumer Law in Pennsylvania

Hello,

In Pennsylvania is there such a thing as a Consent Motion to Vacate Judgment, if the creditor agrees to the removal of judgment from credit report after being paid in full? Will the Judge sign off on it?


Asked on 11/14/11, 7:39 pm

1 Answer from Attorneys

Whatever you are doing, stop. There aer consent motions to vacate a judgment but not for what you want. A judgment will only be vacated if it was improperly entered. It will not be removed just to update your credit report. And you cannot remove information from a credit report that is accurate and which does not antedate the report by 7 years.

With regard to judgments, you need to get a copy of a praecipe to satisfy the judgment if the judgment has already been entered. If the judgment has been paid, then the creditor needs to file this or send it to you and have you file it. It costs $10 to file so some creditors will not do it.

If judgment has not been entered and there was only a lawsuit filed before the matter was resolved, then you need a praecipe to mark the action as settled/discontinued. The same rule applies - its costs $10 to file and some creditors will do it for you and some will send the document to you to file it.

If you file, take the original and 2 copies to the court. Get all three of them time-date statmped (the stamp machine is at the courthouse). Give the original to the prothonotary. Mail a copy to counsel for the creditor and keep a copy for you. Make 3 additional copies. Send one to each of the three credit bureaus and have them update your credit report to note that the judgment is satisfied or the legal action against you is discontinued.

Having the paid judgment or discontinued lawsuit will not hurt your credit. Lots of people get sued for one reason or another. Once an action is discontinued or a judgment satisfied, a lender knows that it does not have to worry about this any more so that is why it does not hurty your credit. It is only outstanding active lawsuits or judgments that have not been resolved which hurt your credit.

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Answered on 11/14/11, 7:53 pm


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