Discussion in 'Credit Talk' started by NanaC, Mar 28, 2001.

  1. NanaC

    NanaC Well-Known Member

    Can a judgement be issued after an item has been paid?

  2. NanaC

    NanaC Well-Known Member

    OK, I know this sounds dumb..but we had a courtdate a couple years ago..I paid it by money order...they got a judgement anyway...then didn't release the judgmeent until 6 months later saying I paid it 6 months later..
    showing as paid judgement..
    but didn't they have to tell the judge that payment had already been made? And, isn't it a lie when I have their certification that I paid it 6 months later when i have money orders from 6 months earlier. Seems to me they swore to a lie..

    Just wondering
  3. NanaC

    NanaC Well-Known Member

    Aw, thanks, LizardKing..as I'm already with Junum...I'll wait and see..it's only showing up on 1 report..:)
  4. breeze

    breeze Well-Known Member

    I had the exact same situation. You can petition the court to have the judgment vacated. I hired a lawyer to do it. Some state/district courts will provide the forms for you (Virginia doesn't - hence the lawyer).

    Actually, it was an error on the lawyer's part, (or indifference) they should have cancelled the court date - or whatever they might call it, since they have special names for it. Check with the clerk of the court where the judgment was obtained to see if there are forms you can get, or search online - some courts actually make the forms available there now.

    Attorney fees for this in VA ran $400.00 - worth it IMHO.

  5. NanaC

    NanaC Well-Known Member

    Thank you, Breeze..I wondered how they could knowingly go in and say I still owed when I hadn't and how they could follow it up with fraudulent information on the pay date.

    Anyone know if I can get a trace on money orders over 1 1/2 years old? I have the copies that say the date I got them but I'd like to get the date it was cashed for insurance. Just for the icing on the cake.
  6. breeze

    breeze Well-Known Member

    Contact the issuing company. I have no first hand experience with this, but I would think they keep those records for s specific length of time. There is probably a law regarding how long they have to keep records, but I don't know what that is either.

    Your copy might be enough to file with the court. Actually, I think your sworn statement is enough to file to have the judgment vacated. Also, if you have an attorney, he/she can subpoena the records needed. That is why I hired a lawyer. If you are going to file the motion yourself, I imagine you can subpoena records. However, if you are doing it yourself, keep in mind that there are all kinds of technicalities and specific court requirements, and you could end up shooting yourself in the foot.

    I have a prepaid legal service plan, and they offered to tell me exactly what to do. I still hired a lawyer to do it. I am paying for what the lawyer knows, not for the time it takes (althought that is how they bill for their services).


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