How to vacate this judgement?

Discussion in 'Credit Talk' started by renotx, Jan 15, 2004.

  1. renotx

    renotx Member

    I discovered a judgment on my credit file last year - 2 years after it was filed. It IS my debt. The problem is that it was filed in a state I haven't lived in for 18 years. The summons was served at my parents' house (they moved there after I left, so I've never lived there) and accepted by my sisiter-in law. I never saw the summons but I did get a phone call from a clerk in the sheriff's office in that state. I'd gone to school with her and she kept in touch with my family and knew where I was working. So the sheriff's office in that state knew I didn't live there and had never lived there, but served the summons anyway.
    I did go to see a lawyer and he told me the court in my case had no jurisdiction and the judgment could be vacated with no legal problem. Unfortunately, his fee to get it vacated was equal to the amount of the judgment because he's have to travel out of state.I contacted a lawyer in that state and his fee was about $500. The SOL has expired on the original debt, so I know the OC can't do anything but I'm really annoyed that I have to pay to fix something that should have never happened (in that state) in the first place.
    Do I have any other options?
     
  2. lbrown59

    lbrown59 Well-Known Member

    1*I contacted a lawyer in that state and his fee was about $500.
    2*The SOL has expired on the original debt,
    3*so I know the OC can't do anything
    ..renotx
    -----------------------------------
    1*Is that less that less than the judgment. If so which would you rather pay?
    2*But the judgment hasn't
    3*They can enforce the judgment.
     

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