HI, I just wanted to share with you that from reading this board it has given me courage to fight. Here is my latest quest. Earlier this week, Tuesday to be exact, I sent a letter to the attorney who filed a judgment against me requesting him to vacate the judgment. I had not expected to hear from him so soon. Today, I received a reply in the mail from him. He stated that if I filed a motion to vacate with the courts he would not object, therefore, granting me a default judgment which will result in the judgment being vacated by the courts. So...through the help of everyone sharing their stories on this board it enabled me to take a risk and ask. I figured he could only say no. However, I am taking the advice of keep at them until you get the response you want. So now I am off to learn how to file a motion to vacate. I think I have a copy of the last one an attorney filed when I requested it (especially since it really was not mine). Any help out there on how to write a motion? Thanks NJ_Newbie
nj, Would you be kind enough to detail your situation? Was the judgement paid? What kind of language did you use in your letter? How can you file a motion to vacate? I thought only the judgement creditor could do that? Anyone else, feel free to jump in as well. Thanks
***Would you be kind enough to detail your situation? Was the judgement paid? What kind of language did you use in your letter? How can you file a motion to vacate? I thought only the judgement creditor could do that? *** Hi, Yes, the judgment was paid in May 2000. It was paid before our court date. Basically, I was just direct and to the point, that when I paid the judgment I did not fully understand how credit reporting worked and now that I do know the satisfied judgment is damaging my credit profile. I humbly asked if he would file the motion because I really wanted to get the notation off my file to be able to qualify for better loans. I'm not sure if I can file a motion to vacate, but I am trying my best to find out. I have an attorney friend who I will ask hopefully tonight or tomorrow. I'll keep you posted. NJ_Newbie
Of course you can file a motion to vacate, but you need a legal cause to support it. When it's a joint motion the cause is just a formality, and the judge isn't really interested in reviewing it. S/he will grant it and move on to the next case. Saar
***When it's a joint motion the cause is just a formality, and the judge isn't really interested in reviewing it. S/he will grant it and move on to the next case.*** Sarr, Since the attorney said he would not object to it, is it considered a joint motion. Ooohhh!!! I hope so. On the other hand if it isn't, I am willing to contact the attorney again and ask if he will do it this way. I think the only reason he put it back on me is to avoid court costs. Well that's my guess about it. NJ_Newbie
