A civil court judgement on your Australian credit file can make it harder to access loans, credit cards and other financial products. If you believe a judgement has been recorded incorrectly, remove court judgement from credit report relates to a different person, or should no longer appear, you may be able to challenge the listing. Understanding the rules can help you determine whether you can remove a court judgement from your credit report.
How Long Does a Court Judgement Stay on a Credit File?
Under Australian credit reporting rules, court judgements can generally remain on a credit report for five years. Writs and summons may also be retained for five years.
The retention period does not automatically mean that every court-related entry is valid. The information must meet the requirements for credit reporting and should be accurate, complete and up to date. The Office of the Australian Information Commissioner (OAIC) explains that court proceedings information relates to certain judgements of Australian courts connected with credit provided to, or applied for by, an individual.
When Can a Court Judgement Be Disputed?
You may have grounds to dispute a listing if the information is inaccurate, incomplete, out of date or does not relate to you. For example, problems may arise from an incorrect identity match, inaccurate court information or information that does not meet the requirements for inclusion on a credit report.
A judgement being paid does not necessarily mean it will automatically disappear. In many situations, paying the underlying debt does not remove the historical listing before its applicable retention period ends.
If the underlying court judgement itself was made in error or there are legal grounds to challenge it, you may need to seek legal advice about whether the judgement can be set aside. Setting aside a court judgement is a court process and is separate from simply requesting a correction to your credit report.
How Does the Removal Process Work?
The first step is to obtain a copy of your credit report and carefully check the court judgement details. You can request a free credit report from a credit reporting body in certain circumstances, and you may need to check reports from more than one credit reporting body because they can contain different information.
If you identify incorrect information, you can make a correction request to the relevant credit reporting body or credit provider. The OAIC states that if the organisation is satisfied the information is incorrect, it must take reasonable steps to correct it within 30 days, unless a longer period has been agreed with you.
If the correction request is rejected, you can ask for the reasons and consider escalating the matter through an appropriate external dispute resolution scheme or the OAIC.
Get Help With Court Judgement Removal
A court judgement can be an important part of your credit history, but an inaccurate or incorrectly reported listing should not simply be ignored. Reviewing the original court records, checking your credit report and understanding the correction process can help you determine the appropriate next step.
If you are looking to remove a court judgement from your credit report, consider getting professional assistance to assess your circumstances and identify whether there are legitimate grounds for dispute or correction.
