HI! We have recently paid a judgement off that was given to Capital 1 against my husband. We did not negotiate in the deal to vacate the judgement (we did not know you could...) and before I sent the final payment in, I tried to get the attorney to vacate it, but no luck, he said he would file a satisfaction of judgement. I just read a post by copy girl that metnioned something about petitioning the court to have the judgement set asside after payment. How would I go about that?? The judgement is is Iowa but we now live in Tennessee. He also has another one in Tennessee from 10/96 from Discover. They have not botherd him in years. Can anyone tell me what the SOL is (I think it will drop off his CR in 10/2003) and how I would go about negotiating with the attorney for them to vacate the judgement as well as a deltion from Discover in exchange for payment?? THANKS!!
I don't see how you clouse petition a court to set aside a satisfied judgment unless it was void (i.e., the court lacked jurisdiction because you weren't properly served or for some other reason). Hopefully copygirl can be more helpful. As for the Tenessee judgment, the SOL of jundgments in Tennessee is 10 years, see Tenn. Code. Ann. 28-3-110(2), so that if the judgment was entered in 1996 it can remain on the credit reports until 2006 unless it's vacated. Dop you have any colorable argument that you weren't properly served (i.e., given the lawsuit papers) in either of these cases?
Unfortunately, it is my husbands situation, and he had a really bad memory about his debt situation (I call it selective memory . I have since helped him to see the error of his ways, and we are working together to clear everything up. He was probably properly served, so I doubt we have grounds there. We should probably just pay it, but I want to know before I go into this one the best way to get them to vacate the judgement and/or get the creditor to agree to delete the entry from his credit file in exchange for payment. Any ideas???
You can contact the court and check the address where the summons was delivered (and anything else in the file). breeze
On what grounds??? So if you have a judgment entered against you and you negotiate to pay the judgment in exchange that they vacate it, on what gounds can they vacate the judgment? I negotiated payment on a judgment in exchange for them to vacate it and nothing has been done about it. I tried to file a motion myself but they returned it w/ my $14 check because the document was not typed. I would like to send it back in but under the part were it asks: to set aside or vacate the judgment on the grounds of an incorrect or erroneous legal basis for the decision are as follows (specify facts, statute, rule of court case law, etc.): What do I put??
Re: On what grounds??? MP, you have to have genuine legal grounds for vacating a judgment. The most common one is improper service, because CA's are notorious for deliberately having the summons served at an old address, so you don't show up in court, and they can then get a judgment by "default" - (meaning you didn't show up). If you want to look for other errors in the creditor's paperwork, you have to do some research to see what they should have done, and get a copy of the file from the court records (I mean all the paperwork that was actually filed). Sometimes they do make other mistakes, and if you pursue it you can get a judgment vacated, but it has to be real stuff, you can't bluff it. breeze
Re: On what grounds??? Here are the facts: I received the summons via U.S. mail return receipt and I signed for it. I was not able to show up to court (2 hrs away) because I didn't have transportation. Would this be considered grounds??? I also coudn't due to the fact that I had no time off from work and even if I did have transportation to get 2 hrs. away I was running the risk of loosing my job.
Re: On what grounds??? No, I don't think that is enough. It has to be that you never got it at all, because of something they did/did not do. Try boning up on the laws in your state and then getting a copy of the paperwork. breeze
Re: On what grounds??? Wait, why was it 2 hours away? Where were you living then? Why didn't they file where you lived? breeze
Re: On what grounds??? Long story short, I obtained an auto loan through American Generel in Santa Rosa (where I was living) then a year later I moved 2 hrs away.
Also... Your right....I'm not sure why they didn't file the judgment in my area, they have an office 10 minutes from where I live. See.....this is all messed up!
So....bottom line..... How is it that companies can negotiate settlement in exchange for the judgment being vacated??? What do THEY do......file motion to vacate judgment papers? On what grounds???? Maybe I should call them ONCE AGAIN and find out. I have way too much going on right now. I'm already battling THREE collection agencies at the present time. I was trying to put this whole judgment stuff on the back burner for a while.
Re: So....bottom line..... I have a similar situation. I have a judgment from feb. 2000. They did not serve me but instead went to my sister's apartment (we live in the same buiding, different floors). So I was never personally served. I got a copy of the lawsuit in the mail but it was not registered mail - just regular mail service. Do you think that is enough to claim improper service. BTW I live in sunny southern California if that makes a difference. Thanks.
Re: Also... I'm not a lawyer, but maybe you have something to go on here. If you wee served in person, they obiously knew where you lived and could have (should have?) taken you to court there. Perhaps the lawyers will check in on it. breeze
Re: So....bottom line..... I think so. Again, I'm not a lawyer. I had to get a judgment vacated, so I have discussed it at length with a lawyer. What've you got to lose? breeze
Re: Also... Interesting point. Perhaps they served the judgment in Santa Rosa on purpose making it difficult for me to show up to court since it's 2 hrs away. They just as easily could of had it in the county that I live in since there's an office in the same county that I'm in! You're right...I just might have something to go on. Humm....
Re: So....bottom line..... I don't mind paying the judgment, but I won't pay unless I can get it expunged and removed from my CR. I guess I better file and get the paperwork associated with the judgment so I know better where I stand.
Re: So....bottom line..... You only need "grounds" to vacate a judgment when you are doing it on your own. The trick is to get the plaintiff's lawyer to sign a stipulation consenting to the vacatur. If you have a signed stipulation they won't bounce you for lack of grounds. As for the guy whose copy of the lawsuit was left at the wrong apartment -- youhave a very good argument, in my view, unless you used to live at the other apartment. "Nail & mail" service has to got to the last known residential address in most states.
Re: So....bottom line..... No I never lived at the other apartment. So I guess I have a shot at getting rid of this judgment.
