I NEED judgment removed in MI PLEASE HELP!!

[Target1212]

I don't know what to do. I need this judgment removed so I can get a mortgage. I can't figure out how to vacate it, what forms or how to make a letter. I have the plaintiffs full help, but they are clueless also. They're an old landlord and are willing to sign/whatever anything I give them basically. They filled out a form to dismiss, but couldn't because the case had already been done? They told me to have a lawyer (am looking for one anyways, that important!) have them go through it with me because they can't, but I need to get with the plaintiff and make a letter to the judge. IDK what they're talking about and my time's limited here. I'm in Michigan can ANYONE help?

[guiness56]

I found this in an actual case filed in MI:  So I do believe they can.

MCR 2.612 provides, in pertinent part:

(C)Grounds for Relief from Judgment.

(1)

On motion and on just terms, the court may relieve a party or the legal

representative of a party from a final judgment, order, or proceeding on the following

grounds:

(a)

Mistake, inadvertence, surprise, or excusable neglect.

(b)

Newly discovered evidence which by due diligence could not have been

discovered in time to move for a new trial under MCR 2.611(B).

(c)

Fraud (intrinsic or extrinsic), misrepresentation, or other misconduct of an

adverse party.

(d)

The judgment is void.

(e)

The judgment has been satisfied, released, or discharged; a prior judgment

on which it is based has been reversed or otherwise vacated; or it is no longer equitable

that the judgment should

have prospective application.

(f)

any other reason justifying relief from the operation of the judgment.

(2)

The motion must be made within a reasonable time, and, for the grounds

stated in subrules (C)(1)(a), (b), and (c), within one year after the judgment, order, or

proceeding was entered or taken.

Vacating a satisfied judgment is like a GW to the judge.  I would just write a letter to the judge, along with the plaintiff, asking him/her to vacate.  No all courts have actual forms that you can use.

[Target1212]

The plaintiff is being soo nice, I just suck at writing letters, I will try to get one up, but what should I say? I didn't know i was even served I never got anything but a garnishment from the courts to my job, then I went and filed to have that gone and set up payment plans with the plaintiff and we handled the rest out of court.

[guiness56]

It would look much better if the plaintiff wrote the letter and asked for the judge to vacate.  They have to agree anyway, see if they will just compose the letter.

Have you talked to the clerk about forms? 

[Target1212]

Yeah, they dont have a vacate form. The plaintiff will sign a letter if I write it for them, but when it comes to writing it themselves they wont spend the time to do such.