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Motion to Vacate

Discussion in 'Credit Talk' started by jeniswerld, Feb 19, 2004.

  1. Feb 19, 2004 #1
    jeniswerld

    jeniswerld New Member

    I just found out through a loan approval that I had a judgement filed against me. So I called a lawyer and he said I should order the docket, which I already did the file a motion to vacate. I was never served papers. I live in California and the case was in NY. Do I absolutly need to appear in court for the motion? Is there any other way around it, what if I have a 20 month old baby and can't get to NY then what. Who do I file the motion to vacate with? Where can I get that paperwork?
     
  3. Feb 19, 2004 #2
    ljones4521

    ljones4521 Well-Known Member

    Will you tell me what vacated means? My husband has a NORWEST judgement filed on 5-1997 and on 5-1997 it was vacated. Should this even appear on his credit report?

    Thanks
     
  4. Feb 24, 2004 #3
    lbrown59

    lbrown59 Well-Known Member

    Re: Re: Motion to Vacate

    1*<< Will you tell me what vacated means?
    My husband has a NORWEST judgment filed on 5-1997 and on 5-1997 it was vacated.
    2*Should this even appear on his credit report?
    ljones4521 >>><- <>- ><- <> ~~~
    ><- <>- ><- <> ><- <>- ><- <> ~ ~ ~ ><- <>- ><- <>
    1*Basicallly it means reversed or void.
    2*It should have been removed at the same time it was vacated.
    I would really raise a big big stink about this 7 year illegal listing.
     
  5. Feb 24, 2004 #4
    lbrown59

    lbrown59 Well-Known Member

    If you don't get it vacated I could cost you more for insurance and credit and other wise hound you for the rest of your life or until paid.
    ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~ ~ ~ ><- <>- ><- <>
     
  6. Feb 25, 2004 #5
    ljones4521

    ljones4521 Well-Known Member

    Re: Re: Re: Motion to Vacate

    Another question...how is this illegal? Do we have something in the FCRA which states so? It is listed under Public Records on my credit report.

    How would you advise I move forward?

    Thanks a million!

    Lisa
     
  7. Feb 26, 2004 #6
    pd11604

    pd11604 Well-Known Member

    Re: Re: Re: Re: Motion to Vacate

    If it states that the judgment was vacated in 5/97 then it should come off your CR 7 years from then.
    5/2004 is the time it should come off on it's own.

    You might wait until Mid- March or early April and dispute as obsolete with the CRA's and they may remove it early.
     
  8. Feb 26, 2004 #7
    kickman

    kickman Well-Known Member

    If you were never served in NY, then you should strongly consider filing a motion to vacate the judgment. You won't be able to file it in Calif. since it doesn't have jurisdiction of the case.
     
  9. Feb 26, 2004 #8
    pd11604

    pd11604 Well-Known Member

    You probably only need to hire a NY lawyer to handle this for you.

    The lawyer would file the motion in the court the judgment was brought in.

    The lawyer or the Clerk of the court where the judgment was entered will have the forms
     

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