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Contributor
Posts: 230
Registered: ‎10-01-2012
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Can I file my own Motion to Vacate a judgment?

The lawyer charges $350, but I won't have to show up or do anything.  I'm pretty savvy with such things - I did my own disability and got it through quick and easy without any help.  I'm usually doing my own paperwork for everything, so I wonder if I shoudl tackle this myself and save the money?  It's a judgment that was slipped through during my BK in 2006 so it should have never been allowed to go through.  It was then discharged, so now its just a matter of asking, apparently.

 

Or is this something where I'd have better luck paying the lawyer?  Seems like an open/shut case, IMO.

Senior Contributor
Posts: 3,889
Registered: ‎05-24-2011
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Re: Can I file my own Motion to Vacate a judgment?

I got my judgment vacated on my own. Go for it.
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Contributor
Posts: 230
Registered: ‎10-01-2012
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Re: Can I file my own Motion to Vacate a judgment?

Cool, thanks!  I didn't know if it was going to be a complicated experience and I was better leaving it up to lawyers.  But I'm going to go for it!

Regular Contributor
Posts: 191
Registered: ‎07-05-2012
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Re: Can I file my own Motion to Vacate a judgment?

I would leave it up to the lawyers if you really want it off. Many states have a 1-3 year statute for motion to vacate based on errors, which appears to be your reason. In my experience, the courts are far more lenient when the plaintiffs attorney is filing the motion
Established Member
Posts: 29
Registered: ‎02-17-2011
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Re: Can I file my own Motion to Vacate a judgment?

Hi Booner72.

I have 1 paid judgment I'd like to get vacated, how do you go about filing a motion to vacate without an attorney? Please PM me.

Contributor
Posts: 80
Registered: ‎09-28-2012
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Re: Can I file my own Motion to Vacate a judgment?

I would like to know how to do this also. I have documents sent from the collection firm used by Cap one, titled 'release of judgment lean'. All official court documents showing it satisfied. Is this good enough to send with a letter to the CRA's to have it removed from my report? It just shows as satisfied now I want it gone.
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Posts: 13,871
Registered: ‎04-15-2011
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Re: Can I file my own Motion to Vacate a judgment?


rkb84 wrote:
I would like to know how to do this also. I have documents sent from the collection firm used by Cap one, titled 'release of judgment lean'. All official court documents showing it satisfied. Is this good enough to send with a letter to the CRA's to have it removed from my report? It just shows as satisfied now I want it gone.

No, that will not be grounds for deletion of the judgement.  In order to get it removed, you must have it vacated through the court in which it was filed.



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Contributor
Posts: 80
Registered: ‎09-28-2012
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Re: Can I file my own Motion to Vacate a judgment?

Thanks, was hoping that wasn't the case. Any threads here with the specifics on the process? I would prefer not to have to pay an attorney but will. Weird thing is, I did dispute with all 3 a while back claiming it was satisfied and TransUnion actually deleted.
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Posts: 2,661
Registered: ‎04-25-2011
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Re: Can I file my own Motion to Vacate a judgment?


rkb84 wrote:
Thanks, was hoping that wasn't the case. Any threads here with the specifics on the process? I would prefer not to have to pay an attorney but will. Weird thing is, I did dispute with all 3 a while back claiming it was satisfied and TransUnion actually deleted.

You will never find a specific thread, cause all states and even some counties have different processes for doing so.

 

You need to go to the courthouse where the case was drawn and speak to someone from the clerks office, they will gladly point you in the right direction... or, you can always consult a legal aid or attorney.

 

-scott

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Senior Contributor
Posts: 3,889
Registered: ‎05-24-2011
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Re: Can I file my own Motion to Vacate a judgment?


yo-upacreek wrote:

Hi Booner72.

I have 1 paid judgment I'd like to get vacated, how do you go about filing a motion to vacate without an attorney? Please PM me.


Sorry, can't do that, but I can tell you to look up my post "I GOT MY JUDGMENT VACATED!!" and it will tell you all the gory details. 

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