Century Collection served me with court papers regarding a judgement.Well I never showed up in court.Now I have a judgement in the amount of $9000.I hired a lawyer that didnt know his ass from his elbow (excuse my french) about the FCRA.He didnt take my case serious.My question is when I sent them validation letters about the debt they never responded.Can I go to the court and have the judgement vacated?if so how is it done.
99.9% of the time you can have the judgement vacated. You must be tried and proven guilty. You will have to file a motion to vacate with the court and require another court appearance. The plaintiff may show to argue, but if they are represented they know the judge will vacate it for about any just cause. I went through this, but it was in small claims for a paltry sum. I simply told the jusge I never received the documents by mail. Vacated and stricken. You need to make sure to get copies of vacated docs to remove from CR. Send directly to CRA's, otherwise they will drag their feet.
You must be tried and proven guilty. deadbeavis ==================== No u don't: All you have to do is not show up in court and they win a default judgment. """"""""""""""""""""""""""""""""""
That's true, but he can still request a motion to vacate default judgement. I have a bit of exp. with this. In his situation, it will be a bit more interesting because he was served, but any valid reason to convince the judge to overturn will result in vacate and new hearing date. I had the plaintiff in court after I really did not get served ( he served my former address), so I motioned to vacate without question. He threw it out with objection from plaintiff, but judge advised trial is required to prove defendant's guilt. We never went to court again, but that's another story. I agree, that's a big no - no.
