The 2017 Credit Reporting Change
The single most important fact about modern credit judgments is that since July 2017, the three credit bureaus have substantially stopped reporting civil judgments on consumer credit reports. This was part of the National Consumer Assistance Plan (NCAP), a voluntary agreement between Equifax, Experian, and TransUnion to address chronic reporting inaccuracies in public-records data.
Under the NCAP, bureaus will only report a judgment if the court record contains the consumer's full name, address, and either Social Security number or date of birth โ and is updated every 90 days. Because courts rarely include SSN or DOB in the public docket, the practical result is that the vast majority of civil judgments no longer appear on credit reports at all.
What a Civil Judgment Is
A civil judgment is a court's formal decision that you owe money to another party โ typically a creditor, a former landlord, or another private plaintiff. Judgments are entered after a lawsuit, either because you lost on the merits, you settled with an entry of judgment, or โ most commonly โ you did not respond to the lawsuit and a default judgment was entered against you.
Once entered, a judgment becomes a public record in the county courthouse. In Texas, it also becomes enforceable against property you own in that county through an abstract of judgment, and against income through post-judgment collection tools like a judgment lien. Unlike the federal tax lien situation, judgments are not automatically attached to future property โ the creditor must take additional enforcement steps.
โ๏ธ Your Legal Tools Against a Judgment
- Under the Fair Credit Reporting Act ยง611, any judgment still appearing on your credit report can be disputed and, if the NCAP standards are not met, must be removed within 30 days
- Under Texas Rule of Civil Procedure 329b, a default judgment can be set aside via a motion for new trial filed within 30 days of entry
- Under Texas Rule 329b, a judgment can be vacated beyond 30 days via a bill of review if you can show extrinsic fraud, accident, or mistake
- Under Texas Civil Practice & Remedies Code ยง16.066, a judgment generally cannot be enforced after 10 years unless renewed
- You can also file complaints with the CFPB if the bureau or furnisher is violating the NCAP reporting standards
The Judgment Removal Strategy
1. Dispute Any Judgment Still on Your Report
Under NCAP reporting standards, a judgment can only appear on your credit report if the court record contains your full name, address, and SSN or DOB, and is refreshed every 90 days. Send a written FCRA ยง611 dispute to each bureau reporting the judgment. The bureau has 30 days to verify that all NCAP elements are present. Most cannot, and the item must be removed.
2. Move to Vacate a Default Judgment
If the underlying judgment is a default judgment (meaning you never appeared or responded), you may have grounds to vacate it. A Texas motion for new trial under Rule 329b must be filed within 30 days of the judgment. After 30 days, the Craddock test applies: you must show (a) the failure to answer was not the result of conscious indifference, (b) you have a meritorious defense, and (c) the motion will not cause delay or injury. Successful motions vacate the judgment entirely, eliminating the public record and any derivative credit reporting.
3. File a Bill of Review
Beyond the 30-day window, a bill of review is the remaining path to vacate. The movant must show extrinsic fraud (the plaintiff concealed something critical), accident, or mistake. Bills of review are filed as new lawsuits and must be filed within four years of the judgment in Texas.
4. Pay With a Release and Remove From Public Record
If the judgment is valid and you pay it off, demand a written release of judgment (Texas Property Code ยง52.007) and file it in the county where the judgment was abstracted. The release eliminates the lien and โ combined with an NCAP-based credit dispute โ should clean up any remaining credit-report entry.
5. Let the 10-Year Clock Run
Texas judgments expire 10 years from the date of entry unless the creditor renews by filing a writ of execution or otherwise acts to collect. A judgment that hasn't been renewed in 10 years is unenforceable, and any continued reporting is a ยง611 violation.
What a Judgment Does to Your Credit Score โ In Theory and Practice
Historically, a civil judgment could cost 150 to 200 FICO points. After the 2017 NCAP change, most judgments no longer appear on reports and therefore have zero direct credit score impact. However, the underlying debt may still be collected through a collection agency (which is separately reportable), and the judgment itself still appears in court records that commercial-credit underwriters, landlords, and employers may pull independently of the consumer credit file.
Common Mistakes to Avoid
- Ignoring a lawsuit summons. Failing to respond produces a default judgment โ the outcome most often challengeable via motion to vacate, but only within tight deadlines.
- Paying a judgment without demanding a written release. Without the release filed in the county, the judgment lien continues to cloud your title.
- Assuming an old judgment is automatically expired. Creditors can renew judgments in Texas; verify expiration with a court clerk.
- Disputing with the original creditor instead of the bureau. Judgments are public-records entries; the bureau is responsible for the NCAP compliance and is the correct dispute recipient.
- Waiting too long to move to vacate a default. Texas gives only 30 days before the harder bill of review process applies.
Ready to Resolve a Judgment on Your Report?
Call for a free evaluation. We'll review the judgment, its service history, and your options to vacate or dispute.
๐ (832) 696-0755 Free ConsultationThis article is provided for educational purposes and is not legal advice. For questions about your specific situation, consult a licensed attorney or a credentialed credit counselor.