This is the scenario................... Wife had a judgement placed on her for a bad check written in 2006 (our bank sent notice that they paid it but actually returned it) The check has been paid but we havn't redisputed to have Experian update the file as paid .....this is why The people at the place of bussiness where this happen were very understanding and are willing to work with me as far as not coming to court if i choose to make a motion to vacate the judgement......so my question is 1. the Judgement is from 2006 can i still file a motion to vacate or remve this judgement? 2. Is it as easy as the other party not showing up for the judge to simply grant the motion because of the other party not showing to dispute?
You aren't likely to have any luck getting it vacated unless you can come up with new evidence that was not available at the original trial or can figure out that the court made judgment based on erroneous information. Without that there aren't many other reasons to vacate that the rules of procedure will allow in most states. Trying to get a motion to vacate approved is a very tough thing to do. Not very likely to happen. I'd hate to bet on that too. The judge might very well postpone the hearing in order to give them another opportunity to appear. If that happened you would not want to inform the judge that you have such an agreement with the plaintiff. You would be more likely to get somewhere by having the plaintiff dissmiss the judgment on the grounds that it has been satisfied but that don't get it off your record. Just says you paid it.
