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Hi!
My husband has one judgement from a credit union that has been paid off for about a year now.
In doing some research it looks like in the State of Ohio he can be "released" from the judgement since it has been paid, according to "Rule 60" (please see below).
I've been trolling this website and a few others. Some folks went to the court to get this started, some went directly to the credit union and some went to the ATTY who filed the original paperwork. My question is, where have you all had success in doing this? Will a relief from judgement mean this can be removed from his credit report? Thanks in advance.
RULE 60. Relief From Judgment or Order
B) Mistakes; 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 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 (5) any other reason justifying relief from 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.
Thanks. Is a relief from judgement the same as the judgement being vacated? Appreciate the help. I'll call the atty who filed the original paperwork on Monday then.
The requested relief is by the consumer, based on reasons provided by the consumer.
You file the motion directly with the court, requesting relief based on whatever reasons you feel appropriate.
It is then up to the discretion of the court as to whether they will grant the requested relief.
I have seen posts by many consumers stating that the courts have routinely denied their requests for relief based only on plain vanillla reasons that would apply generally to any consumer, who simply wants the record removed. I suggest providing as much detail as appropriate to distinquish your situation from the vanilla.