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How to Clear an Abstract of Judgment
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Researching the judgment records is important.Jupiterimages/BananaStock/Getty Images
Research the documents showing the judgment. There are different types of judgments. Someone who gets a civil judgment for money is called a judgment creditor and the person who owes money on the judgment is called a judgment debtor. If the judgment debtor does not pay the judgment, the judgment creditor can file a judgment lien and request the judgment debtor's assets or property be sold to pay off the judgment. A criminal judgment usually results in a fine to be paid to the court, or the individual who sought the judgment. - 2
Analyzing the findings from your research is necessary.Photos.com/Photos.com/Getty Images
Analyze any old documents to make sure it is you. Most civil judgments list a name and address of the person who the judgment is filed against. Due to common names and people moving often, a judgment may be filed in your name but not necessarily be against you. You may be able to prepare and sign a sworn affidavit stating that the judgment debtor listed in the judgment is not the same person as you. This usually is only applicable with a civil judgment. - 3
Making contact with the lienholder provides updated information.Comstock Images/Comstock/Getty Images
Contact the lienholder or attorney on the order of judgment. In a civil judgment the judgment creditor or his attorney must list their mailing address and phone number so the judgment debtor may call to make arrangementa for satisfying the judgment. In a criminal judgment the arresting body of government (town, county or state) is the judgment holder and their information would be listed in order to contact. - 4
Forming a plan to satisfy a judgment may involve paperwork.Comstock Images/Comstock/Getty Images
Form a plan of action to satisfy the judgment. If you are the judgment debtor and want to satisfy the judgment, contact the attorney or judgment creditor and obtain a payoff amount. This amount may be more than the original amount because interest is usually assessed. Once the amount is provided, forward the funds by certified check to the judgment creditor or attorney with a letter stating you would like the judgment satisfied on record. For a criminal judgment, once the restitution (either by fine or probation) has been made, the judgment will stay on your record but show it is satisfied. In order to expunge the judgment, you must make a motion to the court and a hearing held by a judge. The judge will either expunge or keep the judgment on record. - 5
Satisfying a judgment involves a court clerk.Ryan McVay/Digital Vision/Getty Images
Ensure the satisfaction is filed in the office of the clerk of court. Once the judgment is satisfied either by paying the amount owed to a creditor or expunged from your record in a criminal matter, make sure you check the records in the Clerk of Court for the county where the matter was filed and perform a background check through your state law enforcement agency. You may have to pay a fee for the background check but it is money well spent when you are able to address any discrepancies before someone else (prospective government employers) views the report. Checking the records at the Clerk of Court is easily done with the assistance of a member of the clerk's office and is usually free of charge.
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