Beware-when vacating judgements

Discussion in 'Credit Talk' started by OtherTerri, Aug 1, 2001.

  1. OtherTerri

    OtherTerri Well-Known Member

    This might only be in Ohio, (Breeze and GoDaddyO have told me that we have terrible consumer rights laws here) OR it might not be true at all (the clerk I spoke with may not know what he is talking about)....

    Anyway, today I was told by a person in the county clerk's office that if a judgement is vacated, there will be a new trial held in which you may present your case.

    Just wanted to let people just in case it is true...Or you live in OHIO...
     
  2. timjcathom

    timjcathom Well-Known Member

    Yes, if the plaintiff chooses.
     
  3. OtherTerri

    OtherTerri Well-Known Member

    So I guess the plaintiff would be notified.

    Has anyone had this happen - the plaintiff filing again after a judgement is vacated?

    We do not feel we owe this money. This man filed 6 judgements against my husband!!
     
  4. timjcathom

    timjcathom Well-Known Member

    In my case they said they would. So I will wait to vacate when the SOL is up, or at least that's the plan.
     
  5. Lionel

    Lionel Well-Known Member

    This is also true in CA.

    BUT -- if the judgement is vacated, you can probably work out a settlement with the plaintiff and then file a joint request for dismissal w/prejudice.

    By the way, when I had a judgement vacated earlier this year, EXP and TU accepted copies of the order which the court sent, but EQFX wanted a certified copy.

    Just one of those things that make you say hmmmm....
     
  6. bbauer

    bbauer Banned

    Why was/were the judgement(s) vacated?
     

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