Frequent Contributor
Posts: 252
Registered: ‎02-21-2013

Does this qualify to vacate a judgement?

I paid a $750 judgement against me from 11/2012. 

I never remembered being served, so I called and asked the court clerk to e-mail me the signature of whoever signed for it when the summons came to my house. She e-mailed it to me, and I realized it was my cousin who was visiting me at the time from Europe. She NEVER told me about it and never gave it to me! She left 3 days after.... I don't even know what she did with the summons. I called her as soon as I found out in France, but she doesn't remember.


But I went ahead and paid for the judgement, because I recognized the debt as from an old cell phone account I had--but I was wondering, does that give me grounds to file a motion to vacate? Or do I just suck it up and deal with it on my report until 2019?

Posts: 22,406
Registered: ‎01-17-2008

Re: Does this qualify to vacate a judgement?

Mega Contributor
Posts: 19,818
Registered: ‎03-19-2007

Re: Does this qualify to vacate a judgement?

Before taking that route, which requires showing of actual error due to lack of proper service, I suggest first checking out your state statutes/court procedure for vacating a judgment based on its satisfaction. 

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