I have a judgement on my CR. The orginal creditor is now bankrupt. What would be the best way to attack this?
File a motion to vacate with the Court. Use the original case number. Cite whatever reason sounds good and send a copy to the creditors address. Take the returned letter with you to court. Can't guarantee it, but that should do it.
Hate to be the bearer of bad news, but absent judicial error, I can't see why a judge or clerk would vacate a judgment. You should call the court clerk and ask what has to be done to have a judgment vacated. See, the CRAs go through the court files and look at judgments, so the reporting of the judgment is not being done by the OC necessarily.
Another strategy available if you have moved since the judgment was obtained, is to dispute the old address off your credit reports, once htat is done dispute the judgment. Many people here have gotten them removed this way.
The Kid is both right and wrong. The judgement is now a public record, so that has little to do with the OC. However, you are incorrect in your ASSUMPTION about vacating the judgement. A judgement can be vacated for any number of reasons.
Do you know if there is an SOL after a judgement has been satisfied? I hear it's a year in california.. any ideas?
Yes, so there are reasons other than "judicial error" that would allow a judgment to be vacated. Perhaps a letter can be written to the judge or clerk stating the reasons why the judgment debtor believes that the judgment should be vacated, perhaps one has to go in front of a judge and present those reasons. I don't know what has to be done, but I would contact the court clerk and ask.
You must file a Motion to Vacate. Don't think a *letter to the judge* would work. How would you know which judge(or clerk) to send it to?
SOL (statute of limitations) is the period of time within which a lawsuit can be brought for a certain cause of action. A judgment happens at the conclusion of a lawsuit, so I think that is why there is some confusion in responding to your question. I suspect that you are asking how long a CRA can report a judgment?
Can I simply just write a letter to the CRAs stating information listed on the judgement is inaccurate, so therefore I am requested it be removed without listing specifics?
I am talking about the SOL in trying to vacate the judgement. if a judgement is satisfied and done with.. i think there is an SOL that states how long u have before u can try and vacate it.
I tried to find an answer, but the SOL varies according to what the original action was for. How long has it been since judgment was entered? You can always argue that you were ignorant of the law or suffered from mental incapacity (better) and that is why it took you so long to try and vacate the judgment.
if the creditor didn't show up at the hearing, you'd win by default. You can make up just about any reason to vacate.
Not necessarily. I am not even sure that the creditor has to show up, not that a bankrupt creditor would show up anyway. I think that it is worth taking your chances on, but I wouldn't count on a ruling in your favor simply because the other party doesn't show.
have you disputed it with the CRA's.... how old is it.. i am assuming it is unpaid.... i would disputed it with the cRa's first... they may not verify and then it would be gone!
Yes, it's a paid judgement. And the OC is no longer in business. What would the best way to dispute it?
Re: humblemarc Maybe you can tell us a few of the "any number of reasons"? You seem to have a good handle on who and what is right and wrong. Go ahead and say something substantive please.
