how to vacate a judgement??

Discussion in 'Credit Talk' started by Ender, Sep 6, 2001.

  1. Ender

    Ender Well-Known Member

    vacate a judgement?? anthony? hlp?

    Hi, I was wondering if any of you guys knew the steps in having a judgement vacated? I settled my judgement a LONG time ago.. even though it wasn't necessarily mine.. long story.

    Anyhow, it has been PAID and is reflected as such on my CR.. I called the CA today that I settled it with and they told me they would not respond to anything if I filed a motion to vacate it. Now, how do I go about doing this? Also, the courthouse is about 2 hrs away from me now.. thanks in advance!
     
  2. breeze

    breeze Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    Well, you have to have legitimate grounds for vacating a judgment. Improper service is one. Others probably depend on your state of residence. I would suggest you speak with an attorney in your state. I recently had one vacated, used an attorney, it cost me $400. Faxed the court order to TU and they deleted it 2 days later. It was worth the money. In my case, I had already settled before the court date, but the attorneys did not cancel the court date, got a default judgment.

    If you don't want an attorney, you can read your state's statutes here http://www.lawdog.com
     
  3. bbauer

    bbauer Banned

    Re: vacate a judgement?? anthony? hlp?

    If at all possible, each point you make should have a court cite following it so that the court can see exactly how they should rule, or at least how you expcet that they should rule based on the decision in the case(s) you cite.

    1. make your point.
    2. back it up with a case cite if at all possible.

    do it that way.
     
  4. godaddyo

    godaddyo Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    Great advice everyone!!

    1. Dispute at least twice with the CRAs reporting the information. Just tell them it is an invalid entry, dont give a reason except a generic "please verify" . If this doesnt work go to step 2.

    2.Were you served properly? Check for improper service.

    3. vacating the Order can be a very effective technique, especially if the creditor is not in the position to repeat the process.The rules of judgement service are different in every state so this may not work, but its a good idea to try it anyway. Go to the local office supply store and purchase an Order vacating judgement form. Just remember that you are the defendant in the this action and you should always reference the index number of the judgement, as well as the county and state where the judgement was made. The clerks at the courthouse will may be able to help you file this document and get this whole ball rolling. You may get the judgement removed because of a mistake(such as the amount is wrong) or because you have a reasonable excuse for neglecting the entire incident. For instance, when you have reasons beyond your control helped a default judgement go against you. Not being aware of the suit is a good reason. Maybe you didnt have time to get legal representation, due to the fact you were out of state etc etc. There are so many reasons....
     
  5. Ender

    Ender Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    ..so you think the local office depot or office max would have that supply kit? Perhaps I will check that out tomorrow...

    As for the judgement itself - it has already been satisfied and the account closed and settled as far as the CA is concerned. Whether or not it was legitimately mine is a longer story.. to make a story short, bad roommates. Anyhow, I spoke to the CA yesterday and they said they would not contest it if I motioned to vacate the judgement. What's left now is the act of doing so..

    The thing is, the courthouse is 2 hours or so away.. i was hoping I wouldn't actually have to go and appear there. If I could just mail everything, it would be great.. is that possible?
     
  6. godaddyo

    godaddyo Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    That is why Breeze uses an attorney. I hate driving around. It give me a headache!!Lol{:)
     
  7. Ender

    Ender Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    So I have to drive there to file the papers.. then drive there again for the court case.. so i am looking at at least 2 trips??
     
  8. Mist

    Mist Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    Ender,

    Just a suggestion...

    take some tapes and learn a foreign language on the trip. :)

    Mist
     
  9. LKH

    LKH Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    Ender, just a suggestion, if there are any legal messenger services in your area, you could probably pay them to file your motion. They usually have a regular route to the courthouses, or, can send to someone up there to file it for you.
     
  10. breeze

    breeze Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    For sure. Mine was in a courthouse about 110 mi away. But hey, there's always the possiblity of screwing it up and not getting what you wanted. Better safe than sorry. LK can be light about it all, he has an attorney in the family.

    You know, not only that, come to think of it, every single CRA has either gotten something from my attorney, or I have faxed court documents of stuff done on my behalf by my attorney. And my disputes get done - I mean that vacated judgment was gone in 3 days!! I was expecting TU to start reporting a "vacated judgment" like they have been reporting someone's "dismissed lawsuit." They didn't fool around saying they had to verify it either.

    ...except for the tax liens..didn't occur to me to have the attorney write the dispute letter...ahhhhhh...that will save a lot of trouble. I get the letters for free. :)


     
  11. Kittw1

    Kittw1 Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    Excellent website to get ya (well all of those that face this) started:

    http://www.nwjustice.org/pdfs/9936.pdf

    Does it get any better than this. The web is the BOMB!!!
     
  12. Ender

    Ender Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    Cool - thank you very much.. I just skimmed the content briefly.. am in the process of printing it now so I can take an indepth look at the document..
     
  13. godaddyo

    godaddyo Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    I love a handy PDF File. Vacating judgements, OHHHHH ya!!!!
     
  14. Ender

    Ender Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    ...any way I can modify the PDF file and actually type into it? Is there a conversion program to do that? That way I don't have to retype it into Word..
     
  15. Kittw1

    Kittw1 Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    look in the yellow pages for process servers and they will do all of the running around for you.
     
  16. lbrown59

    lbrown59 Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    Why should this be reported? And even if it was reported why would it be caonsidered as a negative item?
     
  17. breeze

    breeze Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    That was my point.
     
  18. lbrown59

    lbrown59 Well-Known Member

    Re: vacate a judgement?? anthony? hlp?

    thought so -was just making sure I was correct.
     

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