Does this mean what I think it means (vacating judgement)

[tenillelg]

Quick question... please forgive me as I am not one to usually understand legal codes and what-not. Ive read this 3xs and legal wording confuses me lol..  I am thinking of attempting to vacate a couple of paid judgements on my credit report.  They've been paid years ago and the property liens released, but It wont fall off for a good 4  more yrs or so.  So, Ive tried to look up online if I could even vacate a judgement on the grounds of satifaction of payment.  This is the only code that really stands out to me.  My question is does this code mean what I think it means before I take time to head all the way down town to ask a court clerk who may or may not help me find the information that I need lol... do you think I should try to request to file a motion to vacate or no, by this information?  Just want some opinions...By the way this is Ohio law:

2329.47 Proceedings to vacate satisfaction of judgment.

When a plaintiff in execution or his agent, in good faith, has ordered a levy of execution upon property not subject thereto, and which has been sold, applied on his judgment, and a recovery therefor had against him by the owner of the property, such plaintiff, having paid the amount so recovered, on motion in the court having control of the judgment, on giving the judgment defendant notice thereof, may have the satisfaction so made from the sale of the property vacated, and may collect the judgment.

Effective Date: 10-01-1953

[Anonymous]

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@tenillelg wrote:

Quick question... please forgive me as I am not one to usually understand legal codes and what-not. Ive read this 3xs and legal wording confuses me lol..  I am thinking of attempting to vacate a couple of paid judgements on my credit report.  They've been paid years ago, but It wont fall off for a good 4  more yrs or so.  So, Ive tried to look up online if I could even vacate a judgement on the grounds of satifaction of payment.  This is the only code that really stands out to me.  My question is does this code mean what I think it means lol... could I go for trying to vacate or no?  By the way this is Ohio law:

2329.47 Proceedings to vacate satisfaction of judgment.

When a plaintiff in execution or his agent, in good faith, has ordered a levy of execution upon property not subject thereto, and which has been sold, applied on his judgment, and a recovery therefor had against him by the owner of the property, such plaintiff, having paid the amount so recovered, on motion in the court having control of the judgment, on giving the judgment defendant notice thereof, may have the satisfaction so made from the sale of the property vacated, and may collect the judgment.

Effective Date: 10-01-1953

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This applies to a situation where a lawyer seizes assets that are not legally subject to seizure, and has the judgement listed as satisfied. The asset as returned, and the "satisfaction" is vacated, and it returns to being and unpaid judgement.

Try searching the state codes for 'setting aside' a judgemnt.

[tenillelg]

OOOhhhh gotcha.  I will try looking up what you've suggested.  thanks so much!

[RobertEG]

All state codes provide for vacature of a judgment if there is error in the judgment itself, legal or procedural, such as lack of proper service of notice on the defendant, etc.

The code then may, usually in the same section, but under another subsection, also discuss authority of the court to grant a vacature based on the judgment having been satisfied, and the defendant then requesting the court to vacate the judgment as a form of equitable relief to the defendant.

You paid, so the court will grant you some relief by removing the stain.

Not all states grant the judge/court the discretion to vacate a judgment as a form of relief to the defendant.

Look under vacature of judgment, and get past the sections related to error by the court of some fraud, etc.

Find the portion that might grant their courts the ability to vacate solely based on payment and as a form of relief.