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Discussion in 'Credit Talk' started by geekpipe, Apr 17, 2001.
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Well -- it was a $475 judgement from '96 by Joe Smith dba Acme Co. After I recently looked at a copy of the complete judgement file (that I ordered from the courthouse), I noticed there was a small error on the paper that the process server signs...he checked that I was served at my home, which I was not, he dropped the papers off at my maildrop (like Mailboxes Etc).
Since I am not in the dire financial straits I was in back then, I called Acme Co, and found out Joe Smith was no longer part of the picture, John Doe was now in charge. So I explained to John that I want to get this vacated, and I sent to him an agreement saying that he would not answer a motion to vacate when I filed it with the court if I paid off the original judgement amuont (he did not ask for -- nor did I offer -- interest or other fees.) He signed and faxed me the agreement, I sent him a money order, and I filed a motion to vacate on the basis that I was not properly served. Three weeks later I was in court, John wasn't per the agreement, and I told the judge that the papers were not served to me at my home as the server had noted (which is the truth). Either way, I would have won by default since the plaintiff didn't show.
Long winded story, I know. But the point is, if you can reach a settlement (not necessarily 100%) with the plaintiff, you can may be able to get them to agree not to answer your motion. In my instance I was lucky because there actually was that tiny error on my paperwork.
Afterthought: Acme Co was one of the first 'payday loan' companies in Los Angeles, and kind of a shady operation to begin with. But Mr. Doe seemed willing to make amends, because I could have fought the judgement on the grounds that their contracts *may have* violated several laws, including usury (illegally high interest rates), but this was the fastest, most cost-effective method for me. I faxed the notice of motion to the Big 3 and are waiting for them to take it off.
I have a similar story but with a different ending. I ended up paying for the judgement even tho I was never served because I didn't want my wages to be garnished.
Now, on my Equifax, it shows the judgement as PAID. Is there anything I can do at this point to get it removed? Can I vacate it or do anything after the fact?
I was under the impression that once it is paid, you can't have it vacated. You may want to call the small claims advisor at the courthouse where it was filed and see if that is correct.
The collection agency already agreed not to respond if I ever dispute this.. so is there any counter suit I can do or anything else?
There is a big difference between a dispute and a countersuit, so I again would suggest that you call the small claims advisor.
BTW - Make sure you have their agreement in writing
There is a fair chance
There is a pretty fair chance that you can get it reversed.