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Discussion in 'Credit Talk' started by shortt23, Aug 7, 2003.
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Did you fail to show in court? If so, the judge simply awarded a default judgement and they are not usually sympathetic to those who "defaulted". The payment was something that you should have shown in court.
Do you have more details as to what happened? Service? Notices? etc....
I'm in FLorida and I can tell you what happens here as I got a default judgement against someone who hit my car and had no insurance and didn't pay when I tried on numerous occasions to contact him.
I filed, he was served (did you get served? THe copy of the servers paperwork is given to the plaintiff so you can get copies of that from the person who won the judgement)...they couldn't serve him at the address I had so I went back and had him served at his work. They can't issue a court date unless you are served here. And the proof is the paperwork from the person whom served the defendent. His work sent the guy to his Mom's house (guess he was living there at that time) and they served his mother. Here that is just like serving the person being sued. He never showed up in court for the court date. I got a judgement by default. They mailed me and him a copy of the judgement. Never did hear from him so I don't know if he actually ever did receive it. Finally after 2 yrs I had his license suspended thru the DMV due to this. He paid me within 2 weeks of finding out his license was suspended. For the 2 yrs the judgement sat without payment it accumulated interest at 9-11% each year. Therefore the original judgment I got was 700.00 + court costs but after 2 yrs it was about 920.00 he had to fork over.
Sounds like you were served or else a default judgement could not have been entered. It's default cause you didn't show up in court when summoned.
How old is that judgement? The extra amount could be court costs as this is due by you if they win. I know when payments are made it doesn't go to the court...it goes to the plaintiff (creditor, person whomever sued). They have to get a judgement satisfaction and file that in the courts once it's paid in full. I'm not sure how partial payments work but if you have proof you paid that money then contact the person you owe and show them you paid some of it and see about what the difference is.
Also, the final judgement was mailed to my house and the defendents home. But it isn't the legal one...to get the legal one you have to go to the courts like you did and obtain it. I had to do that to get his license suspended. The DMV wouldn't take the judgement I had that didn't have the seal on it.
I was served and went to the 2nd court date where the atty requested a continuance to add my ex to the suit. I was not notified of the last court date when the judgment was entered, which was on 7/24/03. I made the payment before he got the judgment however it was not reflected. I was wondering, is this grounds to have it vacated?
Can you call the attorney and find out?
Sorry I can't offer much advice but I would ask an attorney.
I don't know any that give out free advice. I'm more than sure the atty sueing me isn't going to tell me.
Alot do free consultations....look in your phone book
Can't find them in my area. Do anyone know if I can vacate a judgment if payment made before judgment is entered is not disclosed to judge.
I don't know about vacating it cause you made payment...did you ask the courts about amending it to show the correct amount?
I didn't go to court when the judgment was entered. I am going back Tuesday to do a motion to set pay if I don't have grounds to vacate. I can request it then? If so, to whom do I make the request?
I would ask them when you go to the courthouse. It seems they should adjust the amount since you have proof you paid it partially. I've never done this so I can't vouch but one can assume the courts are the only ones who can adjust the amount due.
To get it off your report
Yes. I know I am going to have to pay it in the end. But I want to keep it off my report unitl I close on my house.
for vacating judgment?
Because it screws your credit.
1*shouldn't I have gotten an actual copy of the judgment signed by the judge?