Help With Motion to Vacate

[Anonymous]

I have satisfied one of the two judgments on my credit report with Schewels Furniture Company. I have been trying to find an example online with how to fill out the Motion to Vacate form for Virginia and haven't had any luck. I called the credit manager today, asked if she could do that for me, but, she said that was up to me to file. So, I downloaded the form from the courts website for VA and have filled in some of it.

There is a section for the plaintiff and defendant. Since I am the one filing, am I the plaintiff?

I can't afford an attorney and wish I had something to look at to see how it's filled out. I'm worried I'll make a mistake.

I thought about asking their attorney, but, they didn't use one. She just filed the judgment herself.

Thank You

[needtodobetter]

Since this is a motion on an existing case, you remain the defendant and the creditor remains the plaintiff.

Good luck!

[Anonymous]

Thank you very much! :-)  I appreciate the help and I will be filing Thursday.

[Anonymous]

Well, here is how my trip to the courthouse went, yesterday, when I attempted to file my Motion to Vacate form in Virginia.

On the way down, and while filling out the form at home, I worried about numerous things that could go wrong, but, the one thing that did go wrong never entered my mind.

I approach the clerk's window and she gets up from her desk to come over and ask if she can help me.

First, I ask and pay for a copy of the original judgment so I can make sure that I have the plaintiff's address written correctly on my Motion form.

Then, after I'm done with that, I tell her that I would like to file my Motion to Vacate and ask how much is the filing fee.

She doesn't know, so, she takes my form and goes to talk to two of the other clerks at their desks in the back of the room. She comes back and says there isn't a fee to file.

I thank her and say I'd like to go ahead and file the form please.

I can see a look of confusion coming over her as she slides my form back to me and says...'I'm only trying to help, but, I believe that this type of form is for the plaintiffs to file...not the defendant. Maybe you should contact an attorney and ask for their counsil on this.'

I explain that I cannot afford an attorney, however, in my research, I discovered that I can file this Motion asking the judge to vacate, or remove, the judgment from my credit report. I told her that I had asked the plaintiff, Schewels Furniture, if they would do this and their response was that I had to file this form; they had done their part by sending the Satisfaction of Judgment notice to her office.

So, it goes back and forth like this for several minutes, and in the end, she simply will not take the form because she believes I would be wasting my money(she found out that it's $12 to file), that the Satisfaction of Judgment is all I need for removal of said judgment on my credit report(I told her that Experian needs the Motion to Vacate signed by the judge), and says again that I need to speak to an attorney.

I know she was trying to help me. I'm just frustrated.

I'm going to call around anyway to see if I have filled out the plaintiff vs defendant part correctly as that was what she was stuck on in her reasoning. Because I had Schewels Furniture in the plaintiff spot, she thought it was wrong.

And, how was y'all's day yesterday? Lol.

[Anonymous]

In many courts, a motion to vacate from the defendant will not be considered if its for the reason of payment of the judgement. Many courts will only consider that if it comes from the plaintiff. Of course this varies by state, so you really need to research your state laws.

[Anonymous]

Code of Virginia - Title 8.01 Civil Remedies And Procedure - Section 8.01-428

A. Default judgments and decrees pro confesso; summary procedure. - Upon motion of the plaintiff or judgment debtor and after reasonable notice to the opposite party, his attorney of record or other agent, the court may set aside a judgment by default or a decree pro confesso upon the following grounds: (i) fraud on the court, (ii) a void judgment, (iii) on proof of an accord and satisfaction, or (iv) on proof that the defendant was, at the time of service of process or entry of judgment, a person in the military service of the United States for purposes of 50 U.S.C. app. § 502. Such motion on the ground of fraud on the court shall be made within two years from the date of the judgment or decree.

Would this apply to the judgment that I have paid(satisfied) and allow me to file the Motion to Vacate form?

[Anonymous]

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@Anonymous wrote:

Code of Virginia - Title 8.01 Civil Remedies And Procedure - Section 8.01-428

A. Default judgments and decrees pro confesso; summary procedure. - Upon motion of the plaintiff or judgment debtor and after reasonable notice to the opposite party, his attorney of record or other agent, the court may set aside a judgment by default or a decree pro confesso upon the following grounds: (i) fraud on the court, (ii) a void judgment, (iii) on proof of an accord and satisfaction, or (iv) on proof that the defendant was, at the time of service of process or entry of judgment, a person in the military service of the United States for purposes of 50 U.S.C. app. § 502. Such motion on the ground of fraud on the court shall be made within two years from the date of the judgment or decree.

Would this apply to the judgment that I have paid(satisfied) and allow me to file the Motion to Vacate form?

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It would appear so. You might want to just consult a local attorney for confirmation.

[Anonymous]

Okay. Thank you very much.

[RobertEG]

The cited code applies to motions related to a decree by the court that the defendant "confesses" to the complaint filed by the plaintiff due to their lack of response to the notice served by the court, or to when the judgment was a default judgment.

Was the judgment a default judgment based on lack of your response/answer or lack of appearance at trial?

If you were present at trial and lost, the cited code would not apply.