As some of you may know I have been attempting to get a Judgment removed from my credit report. I finally received a certified copy of the Judgment from the court in the mail today. There are a couple of interesting things I found out. First, the date of service is July 29, 1999. I moved back to Texas in June 1999. Second, the Judgment states that; Defendants defaulted in their obligation to pay rent to Plaintiff as called for in the Lease in that they have failed to pay the rent due for the month of February, 1999 and for each month thereafter. Actually, I paid the rent for February, 1999 and I have have the paid check as proof. My question is, which would be the better route to go. Get the Judgment vacated, or void? I know that if I get it vacated, they can start the process all over again, but can they attemtp another suit if I get the Judgment void?
Basically the judgment says that I didn't pay rent for the month of February when I did. That seems to me something that can't be changed after the fact, hence the Judgment is in error, or void.
You may or may not have much luck getting anything done about it now on those grounds. Basically, I would not even try because when you failed to contest the judgement you also “ stipulated ” to the validity of the judgement. You need much better grounds than that to get the judgment voided now. There is probably better than a 98% chance that the judgment is void upon it's face, but not for that reason. I would have to actually see the court paperwork to be able to tell you what, if anything, might be wrong with the judgment that would give you a chance to have it voided. It's highly doubtful that the reason that you gave would now hold much water in court.
No, I was never served. I know I can get it vacated. I have proof that I was living here in Texas when service was givin in Washington St. I have documentation from both the University of Texas and Federal Student Aid. The Judgment is as good as gone, I just want it to stay gone.
Improper service does give grounds for vacating. What state are you in? In some states they cannot go back for another judgment.
