Hi everyone, I have a judgement from Montgomery Wards for $1050. It was paid off completely back in 1995 and is due to drop off in 2002. I would like to get it off my report now but it always come back verified. I have heard about filing to vacate in small claims court and now that they are out of business it figures that they're would be no on to contest the motion. From what I have read it looks like the motion to vacate should have been filed by me 30 days from the date entered in 1995. I need some advice as I'll be at the courthouse tomorrow on business. Thanks for any help provided.
Re: Grammar I just read my own letter and am groaning at the grammar and spelling !!! Sorry...brainstorming as I was writing.
Re: Lizard and everyone, some MONTGOMERY WARDS IS BANKRUPT...IT MAY HELP... ALL ACCOUNTS WERE SOLD TO WAL*MART'S CREDIT SERVICER (MCCBG).
Re: Lizard and everyone, some .. but the question still remains? Can he vacate based on the fact that the case has already been done and over with?
Skinning dead cats The report of judgement on your file is not going to be affected by Monkey Ward's going bankrupt. It's a matter of court record and is therefore verifiable by the simple method of requesting information from your county recorder's office who can look it up on their computer in short order. So one way that has worked in the past is to demand that they obtain verification from an officer of the court. If they listen you your demand, the report might not come back in time because the court officers such as court clerk or bailiff is normally much more occupied than the county clerk or the county recorders are. The extra trick here is that in the likely event that you get back the standard verification notice, you then can demand they reveal the name and official capacity of the person who verified the report. It isn't likely to be the person you demanded verification from. Then you can scream that they failed to correctly verify. There is the outside chance they might delete the record rather than fight about it. It's actually just a ruse and nothing more, but you are not dealing with lawyers up there, and quite often the $6 an hour clerk will just trash it rather than bother with it. Worth the chance. After all, what have you got ot lose? Bill Bauer
verify People have said they called to talk to the exact person who verified...and were told that they didn't actually look at a piece of paper...the computer said so!!!
Re: verify I was not served at my home address nor at all. I found out about the judgement way after the fact. Can't I argue that in small claims? They (Montgomery Wards)probably won't even show up. That being the case would I not win by default since they are out of business.
Statute Applies Ed: Before challenging your judgment you may want to consider the appropriate statute, specifically that related to judgments (in the state where the judgment was obtained). You may review these at: http://www.CreditDefenses.com/statutes whereby youâ??ll understand the following more thoroughly. Because while you may be under the impression that your judgment falls off (your CBR) in 2002; it could remain for as long as the statutory limit for judgments allows. For instance, if the judgment were obtained in Alabama (for the sake of conversation) the creditor (whether Montgomery Wards or another), could successfully resist challenge for up to 20 (yes thatâ??s two-zero) years! The seven-year rule DOES NOT APPLY TO JUDGMENTS. Secondly, the â??County Recorderâ??sâ? office does not handle verification of judgments. The court clerk is the appropriate source where you can obtain a copy of the order, and consequently verify if it has been renewed. In California, for instance, while the limit is ten (10) years the judgment order MUST be renewed every five (5) years. If not then the creditor essentially has no right of recovery, and hence lacks the requirement to report as though the judgment carries legal affect. Renewal may apply in your state so check this out before making any rash moves. I suggest that when youâ??re at the courthouse; obtain a copy of the judgment order. Sometimes Judges stip (stipulate) certain restrictions that could be used in your favor, and applied to support your position. Also, get a copy of the Process Server affidavit that should be signed by the person alleged to have served the complaint. If it can be proven that you were say, out of the country (or otherwise unavailable) at the time service was claimedâ?¦ Bingo, bye bye judgment! Keep The Faith, Anthony Villaseñor, CreditDefenses.com
Re: verify It's my understanding that if you were never served, you have grounds to petition the court to have the judgment vacated. You were denied due process. I am in the process of doing that now, but I am using an attorney, so I don't know all the details. Also, my reasons for having it vacated are different. I know some states make the info and documents available so you can file it yourself. Virginia does not, so I hired a consumer rights attorney. There are some others who have posted on this process here, and there is some information in the posts at the Yahoo credit repair site. http://groups.yahoo.com/group/credit-repair/messages breeze
Re: verify Hi Anthony, Breeze and everyone else kins enough to advise. It was served here in Orange County California. To a different address that belongs to a friend. I never put that on the application but they guy borrowed my card and change the billing address to a different city.
Re: verify If you can prove that your residence was somewhere else, then I think you can get it vacated. I believe CA does have the info online. Do a search on the Yahoo site for something like "petition to vacate judgment." And spell it that way and this way "judgement." Matter of fact, I think I did a search on google and got some good info. breeze
