Does anyone know how(in details) I can file/execute a Motion to Vacate a Judgement? Can I do this on my own? How successfully is this?
He's not very popular on here but, bill bauer claims he'll review judgements for you at no cost and give his opinion on whether they're void.
hi .. i just filed for a motion to vacare a judgment based on the reason i was not properly served. they sent the summons to a previous residence and i have proof with a lease that i didn't live there at the time. go to the court where the judgment was issued and ask the clerks to help you (i live in dc and they were about useless). you just fill out a piece of paper explainign briefy what you want and then they will give you a court date. mine is at the end of this month. were you properly summonsed and is this a satisfied judgment? tboy
Be prepared that day to be heard for the suit in front of the judge. They often will proceed that day or you can ask for a continuance. The judge says yes or no. Bring your doc's, or call the OC and reason with them that if they don't fight to hard to get a judgment, you offer a significant reason ($$$) to them beforehand why they shouldn't. Good luck! SnakeMan
No, I never got the papers. And No I haven't paid it off yet. So just go to clerk and ask to file a motion to vacate the judgement. Are there any strategies to increase the chances to vacate the judgement?
No, I never got the papers. And No I haven't paid it off yet. So just go to clerk and ask to file a motion to vacate the judgement. Are there any strategies to increase the chances to vacate the judgement?
No, I never got the papers. And No I haven't paid it off yet. So just go to clerk and ask to file a motion to vacate the judgement. Are there any strategies to increase the chances to vacate the judgement?
you will need to prove that there is no way you could have received the summons. for example, do you have a lease to prove that you wre not living at the address they sent it to? many states state is ok to deliver a summons to anyone as long as they ar over 18, so it might depend on the judge if you can convince him. if this debt is not paid, i would be prepared for the other side to show up and fight to keep this judgment. it probably means they are about to garnish your wages, and if they get this judgment vacated, they might file for another one. tboy
If you have a judgment that was included in Bankruptcy it can be squashed no problem. Is there a good thread with this information? If there is not, one should be started. Heck, even I could do it, its not hard. If you live in Minnesota and have a BK with judgments go here. www.courts.state.mn.us/districts/fourth/general/onlineforms.htm Go down to judgments. All states have these forms you can print out. They are not to hard to find. $5 a judgment MN. Do you live in another state? Find it and post it. A discharged judgment is junk.
