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How to get rid of a judgement when the company is no longer in business.want to get it removed from my credit report.

Phoenix, AZ |

judgement from 2007. willing to pay it but have no one to pay it to and have spoken to plaintiffs lawyer and paperwork is in archives already and they will not help.

Attorney Answers 4


  1. Try filing a dispute with the credit bureaus to see if that will remove it. They must verify the debt & if they are unable to do so within 30 days must remove it.

    If doing that doesn't work, it's because the judgment still exists on the court records. File a motion with the court asking that it be set aside. Since you don't expect anyone to respond, the court may be willing to grant the motion.

    Hope this perspective helps!


  2. I regret to have to disagree with my well-intentioned colleague, but I do not see a judge setting aside a judgment. What is the basis for a judge to do so? If the judgment was legitimate when it was entered, it is valid now. How does a judge know that there isn't some person or company out there in the world that doesn't have ownership rights? Or a bankruptcy filed, vesting the assets of the firm with a trustee? Or a judgment against the company that entitles some other entity the right to take your judgment creditor's accounts receivable.

    Your question does not state the amount of the judgment. You indicate that you are willing to pay it. If it is not a great deal of money, then there may be a way to get the judgment paid, but I do not know if it will apply to AZ. In my jurisdiction, Florida, a judgment debtor can pay the amount of the judgment to the Clerk of the Court. The Clerk takes the money and issues a Satisfaction of Judgment that the debtor records in the public records so that it is clear that the judgment has in fact been paid off and satisfied.

    I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.


  3. Pay the attorney of record the money owed (you need to make sure you calculate interest and all other related post-judgment costs correctly) and simultaneously demand they file a satisfaction of judgment with the court. If they do not file, every state has a procedure to force the filing or file in their place.

    Disclaimer of California Attorney
    Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

    Joshua P. Friedman
    jfriedman@jpfassociates.com
    www.losangelescollector.com


  4. I would send written documentation to the attorney that represented the company requesting a payoff amount. Depending on their response, you could potentially file something with the court indicating that you are unable to satisfy the judgment because the company is out of business. Judgments in Arizona are only valid for five years, though, unless renewed. So, you could potentially have the judgment set aside on the grounds that it would be inequitable to allow the judgment to stand when you have no way of satisfying it. If the collections company is listed on the corporation commission website, you may be able to locate the owner or stat agent and deal with them directly. If you need to brainstorm with an attorney about other ways to deal with the issue, please call a local attorney.

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