Default judgement

[Scjones2013]

I checked my credit report and there is a default judgement in ohio from jan 2011. I moved to ga in oct 2010 and was never served a summons or any paperwork due to the fact I don't live in ohio. The attorneys that are handling the case don't have jurisdiction in my state.Any ideas of How I get the judgement removed from my credit report? I contacted both the lawyer handling the case and the credit card company and neither of them claim they are handling the case and just direct me to the both party. Any ideas? Thanks in advance!

[DaBears]

Hi Scjones2013 and welcome to the forums!!! You would need to contact the court house and ask if it can be vacated. 

Community Leader, 

DaBears

[Scjones2013]

Great! Thank you!

[RobertEG]

Check out the requirments for proper service of notice of the proceeding under the jurisdiction of the trial.

Prior to trial, they must have filed in the record how proper notice was served on the plaintiff.

Lack of proper service can be a basis for vacating the judgment, as it denied your right to show at trial and defend ther action.

[admise78]

Hi,

Where are you now in the process?  Is the default judgement still on your report?  I can offer advice on how to proceed in order to vacate judgement.  I just had defaul judgement vacated and remove from my credit report!

admise78

[Scjones2013]

Hi! That would be great. I filed a motion to vacate the judgment but I got it sent back because it said it didn't comply with Civ R 60B so im not sure what action to take now. Any advice would be appreciated!

[DaBears]

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@admise78 wrote:

Hi,

Where are you now in the process?  Is the default judgement still on your report?  I can offer advice on how to proceed in order to vacate judgement.  I just had defaul judgement vacated and remove from my credit report!

admise78

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Depending on your state laws will determine if the judgement can be vacated or not.

DaBears

[RobertEG]

There are generally two grounds for requesting vacature of a judgment.

The first is that there was some error in the judgment itself, such as lack of proper service of notice of the trial on the plaintiff, and the second is based on having satisfied the judgment. 

All states provide for motions to vacate based on actual error in the judgment, but usually require any such motion to be filed within a certain period after entry of the judgment.

It depends upon your state law and rules of civil procedure.  I suspect that my have been the basis for your dismissal, as approx two years has passed since the judgment was entered.  I assume the court notified you when the judgment was entered, and thus you may have been charged with bringing timely challenge of the judgment itself.

Some states additionally give their courts the discretion to vacate judgment once it has been satisfied as a means of relief to the consumer.

You need to check out your state law as to any dscretionary ability of the court to grant such relief.

[Hotspur]

You can't move to vacate in Ohio based on satisfaction for reasons I've explained in the past--or if such a motion is granted, it was not proper. BTW, I'm still not sold that vacating due to satisfaction is legitimate, anywhere. If any such motions are granted, it's done by stupid judges who don't know the law. Yes, there are stupid judges who don't know the law. That's why there are appeals courts. But hey you might get lucky. 

Also, it looks like you might be out of luck in any event, because there is generally a one-year statute of limitations to move to vacate judgments in Ohio. Also, you already moved to vacate and were denied. Puts you in a tough spot. You can either appeal that denial or you will have to make another motion. A second motion would likely be denied. 

[RobertEG]

I would recommend that you consult an attorney versed in consumer law before accepting the opinion that motions to vacate based on payment of a judgment are improper, and cannot be granted as relief by a judge in your state.