Help dismissing satisfied judgment

[George888]

Hello,

I have a judgment on my CR that I have paid (settled for less than full amount).  My CR shows that the judgment is satisfied, however I would love it if I could get it removed.  I plan to call thecourthouse to ask if they do Motions to Vacate based on Satisfaction of Judgment, but if they don't, I was considering filing a motion to vacate based on improper service because I honestly don't remember being served.  

However, is it proper to file this kind of motion if I have already settled the debt?  Would the judge accept my case?  Is there an alternative for what I am trying to do?  

Any advice would be helpful.  Thank you.

[fireguy01]

I sat around researching this all day yesterday, and alot of it depends on what state you're in. The template for the 'motion to set aside' or 'motion to vacate' shoule be easy for you to locate on google for your state or county court. You will have to file in the county for which the judgment was founded. 

My state doesnt talk about it anywhere.....So.....I'm going to try it. It only cost 20 bucks to file....the worst they can say is no. 

In this instance, you will want to attach a letter to the motion, explaining why you need the judgment vacated. I wouldnt recommend the 'because I want to improve my credit' route. If you state that it hinders you from getting employment, it prevented you from obtaining a mortgage, etc....you have a better chance of the judge taking pity on you. And really......thats what it all comes down to. There really is no grounds to vacate based on just paying the judgment....so its all about the judge having the heart to grant you what you want. 

When you file, you will probably need up to 4 copies of your motion, and letter. 1 for you, 1 for the judge, 1 for the county clerk, and 1 to serve the collection agency. Before you file, talk to the collection agency and express your idea. See if they have an opinion on the matter. Are they going to fight your motion? Also, call your local county clerk...or small claims court to see if they can assist you with which forms you need. Some places wont help you because they consider that 'providing legal help'...which in most states is illegal for them to do. 

Good luck....let us know how it turns out. 

[madmann26]

The motion to vacate has to be initiated by the plaintiff's attorney. If  you know who that is, then simply call them and ask if they would file a motion to vacate. Some places charge a nominal fee, something like $20 and others will do it for free. Just ask if there is any cost involved.

[newmomnewme]

Hi everyone.

Really, It all depends on the state. For example, here in VA a default judgement can be vacated based on satisfaction alone....

I filed the motion, had to send it to the OC/Attorney and set a court date. It took about 5 seconds for the judge to vacate the judgement. 

---If you are going to file the motion yourself, I suggest you contact the OC and let them know your intent; you can get some insight into their action. Again, in my case, the OC said they didn't care, when I contacted the attorney, he never responded. I assume he wanted to show up to court so he would get paid by the OC for going to court.

I sent the court case information to the CRAs a few days ago.  I used snail mail, because I didn't want to start the dispute process with the CRAs

Best Wishes everyone!!!

[guiness56]

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@madmann26 wrote:

The motion to vacate has to be initiated by the plaintiff's attorney. If  you know who that is, then simply call them and ask if they would file a motion to vacate. Some places charge a nominal fee, something like $20 and others will do it for free. Just ask if there is any cost involved.

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Not necessarily.  They just need to not deny it.

[George888]

Thank you for the advice everybody!  I am grateful for your time and responses.  I will contact the CA and see if they will not oppose my filing of this motion.