cancel
Showing results for 
Search instead for 
Did you mean: 

CA agrees to vacate judgment but says it has to be done within 14 day window?

tag
songsofexperience
Frequent Contributor

Re: CA agrees to vacate judgment but says it has to be done within 14 day window?

duplicate post deleted.

 

 


Starting Score: 2/2013 EQ 535
Current Score My Fico: 5/23 EQ 808| EX 812 | TU 800
Message 11 of 13
songsofexperience
Frequent Contributor

Re: CA agrees to vacate judgment but says it has to be done within 14 day window?

UPDATE: 2/20/14

 

Sent a fax this morning asking them to take payment via debit card and file to vacate and if they couldn't do that, could they at least file under Rule 60(b)5.

 

They just called and said if I paid via debit card today they would file a motion to vacate, but that it would be at the discretion of the judge whether or not to vacate. They won't file until payment clears though so that means they'd be filing AFTER the 14 days so this would be a joint motion to vacate so at the judge's discretion, which I think does mean that if they did it within the 14 days it's actually a dismissal of some sort.

 

I asked that they fax over notification that they would move to vacate when I paid and they agreed to that so I guess that's what I'll do. I think the motion coming from them is better than coming from me and I want it over and done with. Of course, the judge might refuse, but at least I'll have tried.

 

It also means I don't have to run around and find the forms, find the right wording etc etc. Fingers crossed!

 

 


Starting Score: 2/2013 EQ 535
Current Score My Fico: 5/23 EQ 808| EX 812 | TU 800
Message 12 of 13
songsofexperience
Frequent Contributor

Re: CA agrees to vacate judgment but says it has to be done within 14 day window?

Got the fax:

 

"This letter is to confirm that upon posting of payment of balance in full to your account, we will file a Motion to Vacate Judgment with the XX County Distric Court. Please be aware that the decision to have the judgment vacated will rest with the Judge for this case."

 

So I have it in writing. Hopefully they'll do it and I won't have to bring this letter up. I think they will - they've been pretty decent so far. Hopefully the judge just goes along with it.

 

 


Starting Score: 2/2013 EQ 535
Current Score My Fico: 5/23 EQ 808| EX 812 | TU 800
Message 13 of 13
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.