Q: I have a judgement from July 2011 and was granted a discharge in December 2011. How do I get the judgement off my file?
The judgement is attached to my credit report. I am trying to figure out how to get it off.
A: Sorry I don't know if the problem is that the judgment shows on your credit report, or that the judgment is attached to real estate you owned in July 2011 that you still own.
A: Take a copy of the s hedules where it was listed and a copy of your discharge to whomever is reporting the judgment.
Under Virginia Code Section 8.01-453, the clerk of the court may enter a satisfaction upon presentation of a certificate or at the direction of the creditor's attorney. Under Virginia Code Section 8.01-455, a judgment debtor can move the court to mark a judgment as satisfied if it has been paid or discharged and the costs can be allocated to the judgment creditor who failed to direct the satisfaction of the judgment.
As my esteemed colleague Mr. Weed notes, bankruptcy may discharge the personal obligation on a judgment, but does not necessarily affect the lien that might have been acquired by docketing the judgment in land records.
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