I have judgement that has been recently removed from EQ, but it is still on TU and EX. I have decided that I would be willing to pay the $2014, if they would be willing to sign a joint motion to vacate. I plan to put all of this in a letter to the lawyer as a settlement package. My grounds are improper service and the fact that my account was current at the time of the judgement (the company was going BK). Anyway, I need an example of the joint motion to vacate form and settlement letter. mizfixit
I have the joint motion to vacate form for district court here (VA) at http://briefcase.yahoo,com.serenitybreeze in the judgment folder.
Why not go for a plain old Motion to Vacate? Improper service is grounds to vacate. If the SOL is up then they cannot refile and if it is not, you are in a better position to negotiate from. A win/win for you. If you file a Motion to Vacate make sure to call the Judges office at your local courthouse who handles your case number and ask for a hearing to hear the motion. DO NOT just file and leave it up to the judge behind closed doors to decide your fate. Judges are very lawyer friendly and most of the time they love to dismiss little pis*-ant Pro Se defendants.
I also need a motion to vacate form for a judgement that was issued in the state of Maryland. I tried breez's link but it didn't work. Is there somwhere I could get this form? And where would I file the form Maryland where the judgement was issued or New York where I currently live? Please help no one ever answers my posts.....
Guys...pleadings are formatted differently in different states. As long as it meets the requirements for that local, you should be okay, but your best bet is to try to dig up one from your area and follow that format. That way, you don't stand out like a sore thumb when you file. L
Thank you very much I apologize for not responding but i did not receive my email alert. I checked out the info in the briefcase and I need to do some independant research for the motion to vacate in my state. Thanks much....
I plan to send a settle, if they agree to file with me. That way I will not have go before the judge and plead my case. This is the item that is causing serious pain on my credit report.
I meant that I plan to send a settlement agreement stating the fact that if they don't agree to settle with the joint motion, then I will have pursue motion to vacate on other grounds that I have listed. I have heard that some judges aren't to friendly on the improper service pleadings.
