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  1. #1
    Join Date
    Oct 2008
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    3

    Default Landlord Civil Suits Satisfied but Listed Under Lien/Jugment in Credit Report

    My question involves a consumer law issue in the State of: New Jersey

    My question involves a credit report problem in the State of: New Jersey

    I had a history of late payments that led to many Summons for Demand of Payments served by my former Landlord. Each time as agreed with the rep Attorney, we entered into a Stipulation of Settlement and I satisfied each one 100% with the exception of the last one that ultimately led to my eviction. (and that's only because the landlord verbally agreed with a third party witness on the phone to accept the remaining balance of my last Stip 3 days later than what was outlined.) In reference to all my satisfied Stips, to my understanding as long as the Stipulation of Settlement is satisfied I thought no judgment is to be entered. Stated on my Stip copies I still have "...Upon payment of the arrears (Par. 2) the judgment for possession shall be deemed void and the Complaint dismissed." However, appearing on my credit report Under a sec titled "New Liens/Judgments are double entries of "Landlord Tenant Suits" in addition to "Civil New Filings" noting the same Doc# for most every Summons ever issued. Some docs are listed twice as in Landlord Tenant/ Landlord Tenant:Civil New Filing/Civil New Filing - same date/same doc#s. In addition there is a new section I never seen listed on the credit report entitled "Changed Liens/Judgments under which I have only one Doc# listed as: Civil Dismissal to the right of "Filing Type". Is this something new? If this information is inaccurate who do I contact to make corrections first - The credit bureaus or my former Landlord? I think I also need to contact the court to get the paper work follow up of every Doc# listed to show the credit bureaus for correction? Please Help!! There are a ridiculous number of these horrible listings. S.O.S. I'm on limited income and need to clean up my credit report in these uncertain times. Thank you in advance! I promise to pay it forward and help out others in my situation.

  2. #2
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    Default Re: Landlord Civil Suits Satisfied but Listed Under Lien/Jugment in Credit Report

    If there are judgments appearing on your credit report, and pursuant to the terms of the judgments they were supposed to be voided by the court but they were not, your remedy is to go back to the court that issued the judgments and petition that they be voided. It's possible that your landlord failed to file satisfactions of judgments with the court after you paid; if that's the case, ask that he file them.

  3. #3
    Join Date
    Oct 2008
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    3

    Default Re: Landlord Civil Suits Satisfied but Listed Under Lien/Jugment in Credit Report

    Thank you so much for the reply. I no longer reside in that landlord's property and we did not part on good terms. I doubt if the landlord would be willing or is even legally obligated to file a satisfaction of judgment. I talked to the court and was told they most likely don't have records of the Doc#s or Stips being they're over two years old. Here is a recourse I found:

    http://www.njlawnet.com/njlawreview/...procedure.html

    6:6-6. [6:6-5.] Issuance by Clerk of Certificate of Satisfaction of Judgment
    In cases where a judgment debtor has fully satisfied a judgment, but the clerk has not entered satisfaction on the record pursuant to R. 4:48-2(a) because either the party receiving full satisfaction has not given a warrant for satisfaction or no execution issued on the judgment has been returned fully paid, the judgment debtor may make written application to the clerk for the issuance of a certificate of satisfaction of judgment. Upon receipt of such written application along with proof of payment, the clerk shall send to the attorney for the judgment creditor or the judgment creditor, if pro se, a letter setting forth that the judgment debtor has filed a written application seeking the issuance of a certificate of satisfaction of judgment and that said certificate will be issued within 10 days, unless written objection is received by the clerk with a copy sent to the judgment debtor....etc.."

    Thankfully I have records of all Summons & proof of Stip payments with the exception of one Summons dated 03/27/03 on my credit report of which I can't find copies of payments or even a Stip. But here is what I do have in regards to that Summons: another Summons dated 06/23/03 making no demands for any rent demanded in the previous Summons Doc in March, A signed Affidavit by the Landlord dated 10/13/2003 furnished by NJ State Family's Services who made a promise to pay all back rent owed at that time directly to my landlord (yes they did, yes I have proof) on condition of the Affidavit being signed noting "Being duly sworn according to law say that: I will allow tenant to remain in his/her premises, I will withdraw from any current and ongoing eviction proceedings against said tenant and I will accept as payment in full and to date all delinquent back rent owed by said tenant including all legal fees and fines...etc." In addition after the landlord verbally told me that she did not want to wait for the pending check from the state, I filed for an emergency bankruptcy 10/22/2003 (discharged) and verily listed my landlord and all monies due for rent at that time on my schedule and matrix followed by a personal letter (i still have) to the landlord that it is my intention to pay my back rent in spite of my filing. The landlord did not withdraw the current Summons they had filed with the court of which I had to appear on 10/23/2003 so I was forced to do a bankruptcy in order to prevent homelessness.

    This brings me to three last questions: Do you think what I have is proof enough for satisfaction of the March Summons of which I can't find Stip or proof of payment? Do I have to file for satisfaction of judgment before moving to vacate the judgments? Does the fact of the Civil Suits AND Landlord Tenant Suits filings all in reference to the same Doc#s that were satisfied in a stipulation of settlement still have to remain on my credit report even though the Stips clearly state "Upon payment of the arrears hereunder (Par. 2)the judgment for possession shall be deemed void and the Complaint dismissed."? The clerk at the court told me that this is now the new procedure since employees are now pulling credit files as a criteria for hiring that any and all matters of court filing now have to be reported on all person's credit file. Thank you so much. Once I get this straightened out I hope to help others. I have a feeling in times like these it's extremely important to have good credit for the sake of sheer survival.

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