Advise in approaching Plantiff to file motion to vacate...

Discussion in 'Credit Talk' started by DahliMOMMA, Nov 16, 2009.

  1. DahliMOMMA

    DahliMOMMA New Member

    I live in Minnesota and currently have a paid/satisfied judgment which would be reporting for at least next 2 years. I entered into the judgment voluntarily and began payment immediately with creditor even before signing confession of judgment etc and had 2 and a half years of perfect payment history to collector up until judgment satisfied in 2007. In hindsight, I should have negotiated the motion to vacate into the settlement, however I would interested in any input in seeking it now. I am seeking advise from local lawyer (not just online)& seeing if I could file myself as well and save some money. I want to avoid having motion dismissed by filing incorrectly or potentially alienating debt collector/plaintiff with whom I had a solid no-fuss relationship.
    I am interested in seeing if they would agree to reopen case and vacate. My thought is send plaintiff certified letter with offer to pay $XXX if they will consent to vacate the judgment. I'd offer to deliver by cashiers check when they have signed necessary document to vacate judgment, re-open the lawsuit and dismiss w/ prejudice. If am correct the only way to legally get rid of the judgment on CR is to get rid of case (not just judgment).

    As a NEWBIE HERE...Any advise in approaching plaintiff/creditor with offer and in filing this appreciated. Is this a filing that could be 'do-it-yourself' or would you recommend using a lawyer to file?? (I realize that there probably would be a court date involved.)

    Meg
     

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