Hello,
I am seeking advice to help a friend with a valid civil claim judgement (for about $2,000) which was filed in 09/2005. He is a Massachusetts resident. He will be able to PIF by 10/2010.
Is there a way to have the judgement removed from his credit report once he PIF? He shall meet with the creditor’s attorney this week.
I have come up with the following proposal: he shall PIF by 10/2010, and they must agree to file a motion to vacate the judgement within two weeks of receipt of the full payment (sent via CMRRR), on official letterhead with proper contact information. Before any payment is made, they must send us the documented agreement.
I am researching options in case the proposal is denied (it looks like Mass Rules of Civil Proc. Rule 60(b)(5), to vacate a satisfied judgement, might be handy once the complete payment has been made). I posted Rule 60 below.
Does this proposal seem sound, or am I missing anything? The reason he is not initially proposing to settle for a percentage of the debt, is because he recognizes the debt is valid, and figures the best shot at getting the creditor to agree is by agreeing to PIF. But should he perhaps try to go for a percentage at first?
Thank you very much in advance for your help! 
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RULE 60. RELIEF FROM JUDGMENT OR ORDER
(a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.
(b) Mistake; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b), (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court. Writs of review, of error, of audita querela, and petitions to vacate judgment are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
@Anonymous wrote:Hello,
I am seeking advice to help a friend with a valid civil claim judgement (for about $2,000) which was filed in 09/2005. He is a Massachusetts resident. He will be able to PIF by 10/2010.
Is there a way to have the judgement removed from his credit report once he PIF? He shall meet with the creditor’s attorney this week.
I have come up with the following proposal: he shall PIF by 10/2010, and they must agree to file a motion to vacate the judgement within two weeks of receipt of the full payment (sent via CMRRR), on official letterhead with proper contact information. Before any payment is made, they must send us the documented agreement.
I am researching options in case the proposal is denied (it looks like Mass Rules of Civil Proc. Rule 60(b)(5), to vacate a satisfied judgement, might be handy once the complete payment has been made). I posted Rule 60 below.
Does this proposal seem sound, or am I missing anything? The reason he is not initially proposing to settle for a percentage of the debt, is because he recognizes the debt is valid, and figures the best shot at getting the creditor to agree is by agreeing to PIF. But should he perhaps try to go for a percentage at first?
Thank you very much in advance for your help!
*******************************
RULE 60. RELIEF FROM JUDGMENT OR ORDER
(a) Clerical Mistakes. Clerical mistakes in judgments, orders or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.
(b) Mistake; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b), (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to set aside a judgment for fraud upon the court. Writs of review, of error, of audita querela, and petitions to vacate judgment are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
If the judgment is vacated, it should drop from his credit reports.
Without digging through the Mass. CPL, it looks like if the creditor agrees you'd stand a good chance of getting the judgment vacated once satisfied. One thing that is clear is that the courts have no obligation to vacate so it would be better to get the judgment creditor to support your motion.
If the judgment is vacated, it should drop from his credit reports.
Without digging through the Mass. CPL, it looks like if the creditor agrees you'd stand a good chance of getting the judgment vacated once satisfied. One thing that is clear is that the courts have no obligation to vacate so it would be better to get the judgment creditor to support your motion.
Thanks O6
Agreed, that's why I think an agreement with the creditor would be the best way to ensure having the judgement eventually removed. But in the event that the creditor does not agree (or if they do, but fail to submit the appropriate paperwork to the Courts), it does appear petitioning the Courts MIGHT work. But as you state, the decision is at their discretion.
Thanks again!