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How to remove a court judgement

6/1/2015

15 Comments

 
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*** UPDATE SEPT 2016*** Please note this process has changed. We recommend using a credit repair agency. In the comments, you will see that some people had success with a firm called MTA partners, and further we have had clients have success with We Fix Credit www.wefixcredit.com.au - we however take no responsibility for the outcomes you experience with these firms and we are not a credit repair agency. We wish you the best and please read on for some basics ! Best wishes, Liz

There are all sorts of bad things that companies or people can do to affect your credit file, one of these is a court judgement. This is when someone has taken you to court, normally the local court for a minor claim, and have won a case against you. If they have you will have a 'court judgement' listed on your credit file which is very bad for your credit. It is unlikely mainstream lenders will lend to you if the court judgement is listed. Particularly if it is more then say $100. I have had some success with assisting clients to remove court judgement from their file so here are the steps to go through.

Step 1. You absolutely must settle the debt - this means pay it out with the plaintiff. Contact them first and suggest that you are now willing to pay out the debt, if they will co-operate and sign a notice of discontinuance. While you haven't paid them yet, is the time to negotiate on this, don't pay and then ask them to sign something to assist! They may still be steaming from the fact that they had to take you to court over it.
Step 2. Once you have agreed to pay, and the plaintiff has agreed to sign on receipt of payment, Complete one of these forms with the assistance of the local court, or a solicitor http://www.ucprforms.justice.nsw.gov.au/ Form 33 "Notice of discontinuance"
Step 3. Once paid, have the plaintiff sign, and yourself sign, and any legal representatives still working on the case sign, then go to the local court where the judgement was filed and lodge the form. Hold a copy of the form on file in case it is lost.
Step 4. Wait approximately 2 weeks for it to be processed then order a new copy of your credit file from VEDA. You can obtain it FREE by using this link

If you find the court judgement still shows you will need to check with the local court that it was processed, if it was, you will you need to check with VEDA as they may have a back log.

It's a bit of a process but once removed you are now clear to apply for credit (assuming you have no other credit marks on your file!). Good luck!

15 Comments
Liz Wilson
10/9/2015 03:51:28 pm

Hi Rosalie,
Yes please make sure the plaintiff or plaintiffs solicitor signs it also, and yes these only work for court judgements.
The process your broker has described is correct, I'd suggest checking with the court when the registrar will process it. We can't guarantee the success of the process but it has worked for our clients with their files so I wish you every success!
Best,
Liz

Reply
Sally Brown
4/1/2016 05:17:46 pm

Dear Liz

Thank you so much for this succinct and hugely valuable information. I am on my way to clear credit after an awful nightmare of a CJ I didn't even know about - very long story how I came to find out, however, this information is so useful in every way. The form 33 Register and the Free Credit check link. That is not easy to find anywhere else. Bless you and keep up your fantastic work. Its a top start to a New Year for me. Thank you.

Reply
Amanda
4/4/2016 04:36:56 pm

How can you do this in Victoria?

PS. excellent article :)

Reply
Nancy
14/4/2016 12:18:12 pm

Yes I would like to know how to go about this in Victoria as well. Especially dealing with one of the major banks as they're not willing to sign anything at this stage!

Reply
Joel Bryant link
21/9/2016 07:47:28 am

Hi Liz and all,

This procedure you describe did work in NSW local courts until around mid 2016. Then Veda decided that a discontinuance was no longer sufficient. I found out not because of changing law or legislation, simply a decision of their own that they now will not remove a judgment based on a discontinuance alone. Veda will NOT remove a judgment now unless it is completely set aside, which I have found the creditor and or their solicitors don't seem to like assisting with, even if it means recovering their debt in full. I did however find someone to help me and charged nothing until it was fixed. Way too hard for me to muck around with plus I simply didn't have the time to worry about it.

Reply
Nancy
21/9/2016 08:22:45 am

Hi Joel,
Can I ask who you got to help with the removal of your judgement? I've been going around in circles with the creditor & solicitor, like you said, they don't like to help!
Thanks so much!!

Reply
Joel Bryant
29/9/2016 01:27:21 pm

Hi Nancy,

The lady who I had remove a court judgment was called Bryony and her email is bryony at mtapartners dot com dot au. You can look them up online around Newcastle area fix bad debt dot com dot au. Good luck and make sure they don't charge anything until they win. That's what they did for me.

Nancy
29/9/2016 03:15:09 pm

Hi Joel, Thankyou so much for your help. I really appreciate it and I'll send Bryony an email! Thanks again and hope you enjoy the weekend :)
Nancy.

Reply
NH
21/10/2016 05:17:23 am

Wow ... I am glad I found this thread. I thank you all for sharing your stories.

Reply
Charmaine
14/2/2017 09:56:40 pm

Thank you so much for this article... Every person I've spoken to has had a different take on Judgements etc.. .. Your article is so helpful.

Reply
lucas
31/10/2017 05:18:20 am

Just wanted to thank denhackworld@gmail.com and his team for helping me with my credit score. Since I signed up with Superb Technologies less than a week ago and my credit score has gone from a 520 to 750.

Reply
MA
26/11/2017 01:33:59 pm

Hi anyone can give me an idea how much this thing cost once they fix, I just got a really bad news today (hoping to get a good new year to apply for a home loan) then I received one today first on my history, the date complaint been lodge on 22nd Nov, does it make any difference if you take action straightaway? Thanks in advance

Reply
marisa
2/5/2019 01:29:06 pm

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Reply
monica thomas
4/8/2019 09:02:37 pm

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Reply
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4/8/2019 09:04:01 pm

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    Liz Wilson has been working in finance for nineteen years now. She regularly blogs on industry topics and here you will find over a hundred personally written blog topics and case studies...

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