ok, i have asked this before and the suggestion was given to file a motion to vacte the judgement. well, i've looked into this from every angle, but don't feel i have a case to file the motion. i was served in person. there are no mistakes. i remember writing a response, but it's not in the court files and i didn't keep a copy, so amex go the judgement in default. anyway, the situation is, that the plaintiff's attorney lost the paperwork and the satisfaction of the judgement was only filed in march 2001, instead of sept 98, when i paid. i'm back to trying to get the credit bureaus to change the date, but they will not accept any other proof then the filing date at the courthouse. the plaintiff's attorney is willing to write a letter and confirm recei[t to the bureaus, but they won't accept it. there has to be some way, that they can be forced to accept proof. there is no way, that we can pre-date a courtfiling, but there has to be a way to correct the mistake in some way. any suggestions?
since the plaintiff's atty screwed up, tell them to file joint motion to vacat.. they can figure out a reason since they screwed up reporting your satisfaction. Could the plaintiff and/or his atty be liable for their lack of action....could this be negligent conduct on their part,
have spoken to the plaintiff's attorney about filing a joint motion to vacate and they will not do. he told me, that he will not come to court, if i did file, but that he couldn't file joint, since he doesn't see a valid reason either. he's been very cooperative and yes, he screwed up and is willing to write a letter to prove, that i paid in sept 98, but i can understand, that as an attorney he won't break the law by swearing to something, that's not true. isn't there some way, that the credit bureaus can be forced to accept proof?
well, why don't you file... if he isn't going to show up, you win by default anyway! am i missing something?? I know in my state, there is a time limit to filing motions to vacate and if you miss the timeline you are basically screwed.
in order to file there has to be a reason. and i have no reason to file. nothing has been done wrong. they haven't made any mistakes during the filing. hence i can'[t file. again, my question is, how can i force the credit bureaus to accept the correct payment date, if we can't change it at the courthouse. yes, i will have to live with it for a few more years, but i did screw up my credit and i'm willing to take the responsiblity for it. but i want to have it based on the correct date. who controlls the credit bureaus? is it the ftc? who can i go to with that question?
Check your state's laws regarding the reporting of a satisfied judgement. In California, they are legally obligated to report a judgement as paid within something like 14 days of the satisfaction of the judgement, or they're subject to civil sanctions. This could possibly be your reason to vacate, since it wasn't released properly and lawfully. But like I said, check your state's statutes, or ask an attorney (not the one who got the judgement against you in the first place.)
Read between the lines. The lawyer is telling you to go ahead and plead for it to be vacated and he won't stop it. I'd read it as "plead anything", improper serving procedures, for example. Or as someone else sugested, failure to post satisfaction might be grounds.
i am reading between the line. i iknow that the lawyers says this, BUT this is not like suing in small claims court where you come to court. this first hurdle is, that a judge has to allow my motion based on a reason. only once it has been accepted will a date be set. there is no valid reason for me to file. no judge will accept my motion. with that being said, that is not my question. i would really appreaciate it, if somecone would answer my question: who can make the credit bureaus accept the correct date. please, please, please will someone help me answer that question? thank you
Well, have you just tried to dispute it off your report? Seems to me that'd be my first step. That's how mine disappeared
I have a judgement and it is satisfied, from CA. What can I do to get it vacated? I dont think it was updated within 14 days of satisfaction.. but isn't there an SOL of how long you have before you can file a motion to vacate after it has been satisfied? I thought it was one year.. if 1 year has past, can i stil l file a motion to vacate on the specific reason u stated? thanks
tracy, yes, i've queried it with eq and ex, who both show it on their report. both of them came back and verified it and upon questioning them about the proof, that i sent to them and that they could check with the plaintiff's attorney, i was informed, that they don't care what the attorney says, they only accept filing date at the courthouse.
Is the address that you were living at at the time of the judgment still showing on your reports?? W/ a judgment they have to verify 2 things, name, address or ssn. Since your ssn isn't on the judgment, if the address isn't showing on your reports, it can't be verified.
tracy, yes. the address, that was that was used for the filing is still on my reports. the address, that i was served at is not.
I have a paid judgement. There's no tradeline stating that it's paid though. Can I ask for removal due to "failure to post satisfaction"?
do you still live at the address (the one used for the filing?) if you do, can you move? LOL if you don't, dispute the address off of your credit report, then dispute the judgement as "not mine". if you still live there, it's a little more tricky. what state are you in? i'll do some research today if I get a chance.
waalien, i no longer live at the address, but i remember being recently asked to confirm, that this was a previous address of mine. i don't remember which credit bureau asked. i think it was during one of my phonecalls, asking aobut the judgement and i was thinking how come they're asking about an old address.now i know why, i think.
can't hurt to try and dispute the address anyway, while we're trying to figure out the best way to get this off your report ;-) All they can do is say "no, silly rabbit, we know you lived there, you told us so." i wonder if you sue the lawyer who didn't record the judgement as satisfied for not doing so in a timely manner (like i said, here in CA, it's a civil liability) if that would motivate him to vacate the judgement ;-) I mean, there has to be some punishment for the guy who sentenced you to an extra 5(?) years in credit purgatory, right? I'm just thinking out loud here, really. I'll go think in quiet for a while and see if I come up with anything useful. Happy Turkey Day
First of all, Once you file a dispute claiming an incorrect notation on a TL, going back and claiming the TL isn't yours won't work. Don't make the mistake of thinking these people are that stupid. They keep ALL your letters. Secondly, don't piss off an atty. who already said he would help you by "not answering". Varinia, You're not listening to the board. Find a way to file a motion to vacate. If you can't think of a good reason use a bad reason. MAKE ONE UP!
Butch is right. My out-loud thinking wasn't very sound. OTOH, Butch is a smart dude and I've yet to see him offer advice that wasn't sound.
