Basis for vacating judgement

[guykara]

Hi everyone,

I have a judgement from 2009 over a contractual dispute where both parties sued eachother.  After losing the case, I paid the amount that I owed.  Unfortunately the plaintiff never made the court aware that it was satisfied, so the public record has been sitting on my account as "Pending".  Since I live ~2.5 hrs away from the court where this was taken care of, I called to ask if I can have both my motion for judgement to be marked satisfied as well as a motion to vacate judgement on the same day.  They said this would be no problem.  This is great but I don't know what my basis is to have the judgement be vacated.  Can anyone help with this?  PS. I'm from VA.

[guykara]

Also... I believe the term in VA is "motion to set aside judgement"...not motion to vacate judgement.

Thanks!

[09Lexie]

Since the debt has been satisfied, you are requesting that the courts record be updated to reflect the correct status.

[guykara]

Bump..

I still have not been able to get this judgement marked as satisfied. Does anyone know if I have any basis to have this judgement "set aside". It's been almost 6 years that it's been reporting incorrectly. Would love to get this resolved.

Thanks,

[gdale6]

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@guykara wrote:

Bump..

I still have not been able to get this judgement marked as satisfied. Does anyone know if I have any basis to have this judgement "set aside". It's been almost 6 years that it's been reporting incorrectly. Would love to get this resolved.

Thanks,

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The plaintiff has to file the satisfaction of judgment, it is against the law not to. I would be contacting the court indicating that you have proof of payment and you want this taken care of even if it means issuing a warrant for the arrest of the plaintiff. It may be time to hire legal counsel to get this done.

[guykara]

I've talked to the court. They told me I need to send a letter to the plaintiff certified return receipt, giving them a certain amount of time to do it. If they don't do it within that time, then I can file a motion for judgement to be marked satisfied. This is great for when a mortgage lender looks at my report, it would be even better to have this totally removed. I just don't know if that's possible, though.

[superdad]

DO NOT DO ANYTHING!!!  Contact an Atty ASAP.  DO NOT CONTACT the plaintiff on your own.  I paid a 4k judgement and the plaintiff never contacted the courts.  This went on for 5 years before i noticed it on my CR.

I did everything you did but i read the laws of my state.  I contacted a lawyer and was able to issue a warrent for the plaintiff.  That got their attention.  I ended up having it removed from my CR because of the plaintiff negligence.  They have a time period to notify the courts on a judgement that has been paid. If they dont they can get in to A LOT of trouble.

CALL A LAWTER NOW!!!

[guykara]

Thank you for this information. If you don't mind me asking, what state do you live in?

Thanks!

[superdad]

I am in Nebraska

[guykara]

Ok cool. I called an attorney, should be getting a call back around 2. I hope there's some sort of basis for vacating it. From everything I read online, I don't see one, but your positive experience gives me hope!