vacate vs "vacate void"

Discussion in 'Credit Talk' started by jason_l, Mar 17, 2003.

  1. jason_l

    jason_l Well-Known Member

    I had a judgement vacated 3 years ago.. what is the difference between this and "vacate void judgement"?
     
  2. bbauer

    bbauer Banned

    I don't know the details of the judgment you refer to of course, but void judgments always take the form of a collateral attack on the jurisdiction of the court.
     
  3. jason_l

    jason_l Well-Known Member

    I had a default judgement against me several years ago... I was on active duty at the time supporting the northern no-fly zone in iraq. I discovered the judgmeent 2 years later, went on the war path, and the atty for the other party personaly filed for me to get the judgement vacated.
    all I know is that the internet search on it at the courthouse said "petition to vacate, approved by judge X, w/o prejudice".. the wording may be arranged a little differently though. i just recently pulled my CR's for the first time since (been around 3 years) and they were never updated. I just want to make sure that this is in fact what i thought it was - the judgement being reversed/dropped and that it should be removed from my CR when I request them to verify it (in theory).
     
  4. lawguy

    lawguy Member

    If its vacated, whether through collateral attack for lack of personal jurisdiction, or for some other reason, the end result is that the judgment is no more.

    It is like it never existed. Its vacated, evaporated, extinguished, nullified. Legally, it never happened.

    It should not be on your CRs.
     

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