Bill, I did a search for vacating paid civil judgements and noticed you had a lot of information. However, I could not find any steps on how to vacate a paid civil judgment. Here are the facts: -Just showed up on my credit report last week (all 3) -I paid it this week and have receipt -In the state of Kansas -Filed by the State of Kansas (tax lien) -Will file receipt with court on Monday to convert to satisfied judgment -I was never served or sent a certified letter before judgment was given, and this is noted on the records as delivery was attempted, but not completed -I was sent a few letters asking for payment prior to the judgment My questions: -You mentioned that 99 percent of judgments are null and could easily be vacated. What would be your strategy with my circumstance? Can you give details on why it would be null? -Can I approach the judge that gave judgment with the facts above and possibly get a vacate ruling, or do I need to approach the state of KS and argue my point with them? -Where could I go to get info on the State of KS to understand my rights? Thanks for your help.
Bill, you stated in a thread: http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&threadid=15146 "It takes 18 different separate indices to make a perfected court case, judgment or otherwise and the lack of any one of them can be gounds for reversal of the judgment." Can you tell me what those are? I'm going into the courthouse on Monday and am going to look up the documents. What 18 indices should I look for? Thanks,
Thanks Queen_Bee and GEORGE! I snooze, I lose.... Do either of you or anyone else have a response to my questions?
Bill's got a discussion board here: http://pub50.ezboard.com/bcreditwrench Some good information there, and I know for a fact he would appreciate old faces saying hello. Doc
You should have waited until late Sunday night to ask. Federal Rules Of Civil Procedure: http://www.courtrules.org/frciv.htm Good luck.
Since you paid, ask for complete REMOVAL since you were NEVER served... So you won't have to press for "FAILURE TO SERVE" How could they say NO??? F.Y.I.~~NOT AN EXPERT IN THIS FIELD...
Thanks Doc!, I'll go visit him... Butch, why late Sunday night? (my email is on) ...and thanks for the link! It's good to talk with all you guys again...Thanks
I'm hearin' you George! I'm thinking the same thing. I just needed to hear it from someone else. BTW, I looked up the laws in the state I'm in and they are required to serve me or at least leave the papers with someone in my home, which they never did. I can't wait until Monday to go to the courthouse...
1*I was never served or sent a certified letter before judgment was given, and this is noted on the records as delivery was attempted, but not completed 2*Can you give details on why it would be null? 3*do I need to approach the state of KS and argue my point with them? cma 2*Improper service see 1*above. What's even better us they admit in writing in 1* A slam dunk for getting it vacated. What more could you ask for? 3*I wouldn't cause if you do the state just may re file suit against you. Handle this with the court and leave the state out of it. THE END ** *** ** LB 59 PS: get rite down to the courthouse and get all the paper work on this now if you haven't done so all ready.
Thanks lb, especially on #3. I'm going down Monday to file the paperwork. I feel much better now, especially since it seems like a 'slam dunk' to get vacated. Thanks again!
Re: Re: BILL BAUER ?? re: civil judgement Was the judgement from a Federal court or a State court? If it was a State court, what are the rules of service in your state? I think you have a good shot at vacating the judgement, but perhaps not a slam dunk.
Re: Re: BILL BAUER ?? re: civil judgement Your problem, as I understand it, has to do with a judgment filed for unpaid taxes by the State of Kansas. None of the information regarding judgments, rules of service, vacating of judgments, or anything else, by present or former contrbutors to this board, is, in my opinion, of ANY use to you. Government liens are a whole different ballgame,than "credit" with completely different rules of service and requrements. Here is a link to SOME information on the subject http://www.kscourts.org/ksag/opinions/1995/1995-055.htm As I understand it, there is NO requirement in Kansas for "service" on a Government tax lien, as it is presumed you already had ample notification of what you owed.
Re: Re: BILL BAUER ?? re: civil judgement By the way, I have ALL the State's Rules Of Civil Procedure linked on my website, under "Misc. Legal Stuff". here is Kansas; http://www.megalawserve.com/states/ks.php
Re: Re: Re: BILL BAUER ?? re: civil judgement Whychat, Thank you very, very much. This was the site I found on Friday night. According to the KS statutes, they are supposed to serve me or someone at my residence, or at my place of employment, and if not able to send me a registered letter. I never received any form of communication. I plan to go tomorrow to the courthouse to dig up the papers and will follow up then. I will post what the outcome is. Thanks for your help, it is very much appreciated!
