I got sued in small claims a couple of years ago for something I had absolutely nothing to do with. But I happened to be out of town for a few months at the time of court date (which I was unaware of) and the plaintiff won the case by a default judgment (urghhh!). Anyway, I refused to pay and tried to appeal (in vain). I ended up getting my wages garnished a year or so later ($1200 + 20% interest + fees = $1600). I'm not gonna get into too many details about the case unless you guys think it's relevant. The plaintiff (a dear friend of mine before she started this shit) also took the effort to report me to 2 bureaus (transunion and experian). A couple of weeks ago I got laid off my job and the plaintiff had already pocketed $1550, so I technically still owe her $50 which I'm willing to pay to get this over with. But is there a way to have the negative items in my reports deleted before I do send the last payment, considering that she has been getting paid regularly with the interest and all! Thanks CN!
Maybe bbauer will chime in on this one, but if you weren't served properly (you stated you knew nothing about the court date) you may be able to have the judgement vacated. As far as the money you already paid her, I don't know how that would be recovered if the event the motion to vacate is granted. Best of luck to you. Judegments suck.
Thanks LD. What I want the most is those negatives gone. I don't care about the money she "stole" from me.
Your MTV would probably be denied at this time since you accepted the ruling by not vacating it immediately upon your discovery of it -- it sux, but that's what will happen. MTV won't be granted because of the prior appeals. It's a no-win now. Unless there was any fraud or misconduct that was now discovered in the filing of the original cause, you could file your own suit for relief from the original judgment and monies paid. You've already made payments. Once the judgment is satisfied, then the satisfaction of judgment should be filed by Plaintiff and the entries removed from CRA's accordingly. Cheers!
I helped this friend buy a plane ticket through a website (that no longer exists by the way) at an incredible price. It was a 2 segment flight through a major airline with a connection stop at Miami. The ticket was bought 6 months prior to the date of her trip and international flights require you to confirm the trip a few days before the departure. She failed to do so although I reminded her and discovered at the last minute that the flight was rescheduled an hour earlier. So she missed the 1st segment of the flight (and her running late to begin with didn't help). Then her smart ass decides to take the next plane to Miami knowing in advance that she'll miss the 2nd segment by the time she gets there. When she got to Miami, she got stuck and ended up flying back here and cancelling her trip. She blames ME for all that and sues me claiming I acted as her travel agent and should be responsible for all damages. I NEVER acted as her so called travel agent. I wish I had the chance to be in court. It could've been the easiest case to win. But does what she claimed about me being her travel agent constitute fraud? Can I sue her back as you suggested? Or is it not worth the hassle? Will the negatives go away just because I paid!?
Ghazi ============== Out law default judgments and this kind of CRAP will stop happening. The END ************************* LB 59
I know **nothing** about getting judments vacated. Having said that, did your "friend" know you were out of town when they filed against you? Your "friend" does not seem very nice!
I don't know if she knew i was out of town or not at the time because we stopped talking after she started accusing me of messing up her trip. But insisting on suing me rather than taking it with the airline itself is ridiculous. Now all I want is those negatives in my reports gone since I paid the darn judgment.
I don't know if she knew i was out of town or not at the time because we stopped talking after she started accusing me of messing up her trip. But insisting on suing me rather than taking it with the airline itself is ridiculous. Now all I want is those negatives in my reports gone since I paid the darn judgment. How do I do that?
