Does anyone know where I can see a template on vacating a paid judgement?? I already received confirmation from the collection agency that they will not be fighting this. I basically need a template to file the motion in the court. The court is about 2 hours from my house however, can I mail this? Does anyone also have a template for an order for the judge to sign?
Here is a sample: I don't think that you have to use a certain kind, you can create your own as long as it includes all pertinent info and details. Hope this helps... Oh, found this too: There's plenty of examples: (this will be my last one, LOL)
Wow, thanks for the great link.. is this only for small claims however? I should search on that site for others.. I just hope I don't need to have to show up in court.
Anyone have any other forms I can use? It looks like that is small claims or a template. Also what reasons can I use to vacate it?
In response to coldnorth no you can't have a judgement vacated simply because it has been paid, HOWEVER most of the time the creditor who placed the judgement will not show up in court to litigate the matter simply because having been paid there is really no incentive for them to do so. Thanks
Yes you can mail the documents and have them file the motion and set a court date. BEWARE: The court paper MUST BE TYPED! I tried to file a motion one time and they returned my document and my $15 filing fee check back stating that it had to be typed, etc. They sent it back in the self addressed stamped envelope that I provided them.
In my case, my judgment is listed as satisfied. I want to get it removed and have comfirmed that the other party will not stop me in any way (since they got their money). So I need a reason to vacate. I can't say that I wasn't served or served properly because I was. I signed for the documents. I need another reason. Anyone got any suggestions? All I need is a reason. The court that I would have to go to is 1 1/2 hours away but I would be willing to make the trip. What's a $15 filing fee and a tank of gas anyway?
Get them to sign a Joint Motion to Vacate. This means both parties agree for the judgement to be cancelled or "vacated". The hearing is kind of a formality.
when I clicked on the links and tried to download, It downloaded all garbled. Any suggestions as to why?barbara
Just not handwritten. I couldn't type mine on the computer because I didn't have the full version of Adobe Acrobat.
As to what to put down as a reason for vacating a judgement I was once told from a very wise old man on this board that approximately 98% of judgements have some minor thing wrong with them making the judgement void. I'm not sure if this is true but there ya go. Thanks. P.S. If that is true then it may even work for judgments that aren't satisfied?
try asking>>>seriously, if it is already but why should they have an objection. Maybe just show up at their office with the form and ask them to sign off!@!
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