anyone successfully vacate PAID/SATISFIED judgements past 1 year or some time? What was the reason u gave the court?
That is what I'm wondering too. In my case they stated that if I paid the judgment that they (American General) would have the judgment vacated. They were supposed to do the paperwork but never did. I followed up a few times but no one did anything. I think when I resubmit my stuff to have it vacated, I'm going to put that there was an agreement between the creditor and I that once the account was settle, that it would be vacated. Would that work??? I didn't want to lie and say that the account was paid prior to judgment. That wouldn't work since the judgment is now listed as "satisfied". Read this: http://www.nwjustice.org/docs/9936.html#9936a
After reading that article the only thing I can come up with (in my case since the court was 2 hours away) is that I did not have transportation to travel 2 hours out of town to court. I wonder if that would work???
What is the difference between this form: http://www.courtinfo.ca.gov/forms/documents/sc135.pdf and this form: http://www.courtinfo.ca.gov/forms/documents/sc108.pdf ???????
Now here's something interesting....read page 2 of this document: http://www.courtinfo.ca.gov/forms/documents/sc130.pdf ????????
If you file a motion to vacate and nobody shows up to defend against it, you should win the motion by default. Gib
see my post on reading page 2. It clearly states what you can and can't do. You have 30 days to file the motion to vacate. If you were not served properly, you have 180 from the date you become aware of the judgment. In my case, I was served properly via certified mail and I signed for it. I am going to call a Small Claims advisor where my judgment was filed ask them what I should do. My guess is that they will tell me to get the Plantiff to submit a motion to correct or vacate judgment and give their reason why.
Actaully, this is what I would be hoping for.. because the CA said they will NOT show up if I file this type of motion. However, what is the SOL limit on doing something like this? I was never served properly.. I'm not sure if there is a service or affadavit or anything like that...
If you were NOT served properly and did not appear in court, you have 180 from the date you find out about the judgment to file. If the other party doesn't show, then the judgment is canceled.
MP$40 - the thing is this judgement was originally file back in 97. I ended up paying and settling in 1/2001-3/2001 before I knew better. Now i am stuck w/ a satisfied judgement on one of my reports.. I asked the CA if they would dispute if I tried to vacate it.. they said no. So I am wondering if there are any SOL where if I filed a motion to vacate because of improper service, then if it would be accepted by the judge assuming the other side doesn't even show up..
