I need all the advice I can get on getting a judgment vacated. I also want to know in the meantime how to get it off my credit reports. H-E-L-P!!!
Were you properly served? There are a few reasons for vacating a judgment. If you weren't served, no problem getting it done. If you can prove the debt was already paid before the court date. If the motion was not properly filed (might need a lawyer). There can be a time limit on some of these. Have to read your states statutes. http://www.lawdog.com
I believe that it was not properly filed. I read somewhere that they must disclose any rebuttals/disputes of the debt to the judge. They go a default judgment, by the way. The letter that I sent them was detailing why I did not believe I was liable for the balance, yada, yada, yada. If they presented this to the judge, shouldnt it be in the file at the courthouse? I also noticed that they are supposed to report to the judge how much the car was sold for, to ensure that it was sold for fair price. No proof of that in the file at the court either. Should it be there?
Is this for a deficiency balance on a repo?? By all means, get the court files!! Read your state's laws on auto repos, etc. Was it default because you didn't show up, or because you weren't served? Not served is a gimme.
If you will go to the county clerk's office and get copies of all of the papers in the case and send me copies of them I will see if I might be able to help you. I will be glad to do this at no charge or obligation whatsoever to you. Most judgments can be overturned for one reason or another. Very few of them are able to withstand an attack once you know what to look for. When and if grounds are found upon which you can file motion to vacate with the court you would want to file using the same numbers as on the original case and then it won't cost you any filing fees in most states because you are not opening a new case.
