Judgement

[Anonymous]

I have a judgment on my report from 10/08.  I believe it is from a Sears card that I had and stopped paying in 05.  Recently I received a settlement letter from the Lawyer for the collection agent (LVNV) that they will settle for less than half the total.  I would like to take care of this because I want to get a mortgage soon and this is the only negative on my report right now.  If I settle for less than the full amount, will this show that the judgement has been satisfied?  Is that something that I have to specifically ask for?  Can I ask to have the judgement be removed completely?  Thanks for your input.

Ted

[pizzadude]

If I were you ~ in exchange for payment I would ask the CA attorney to file a motion with the court to vacate the judgement, so that it could be removed from your CR. Essentially it would be a PFD, as opposed to just having the judgement marked as satisfied.

[dharalex]

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@pizzadude wrote:
If I were you ~ in exchange for payment I would ask the CA attorney to file a motion with the court to vacate the judgement, so that it could be removed from your CR. Essentially it would be a PFD, as opposed to just having the judgement marked as satisfied.

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+1 Do whatever you can to get it removed. Don't let them tell you they can't remove it, because they can! Good luck!

[Booner72]

It should show as satisfied, yes.

[Anonymous]

The lawyer is Apothacker and Associates, I have read some things that make me nervous about them.  I am going to try and contact the court and find out if they were the one to file the suit or not.  It is my understanding that only the lawyer who filed can vacate the judgement, correct?

[dharalex]

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@Anonymous wrote:

The lawyer is Apothacker and Associates, I have read some things that make me nervous about them.  I am going to try and contact the court and find out if they were the one to file the suit or not.  It is my understanding that only the lawyer who filed can vacate the judgement, correct?

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The court vacates the order, but the original creditor or their representative (attorney) makes a motion to vacate.

[Anonymous]

Thank you.

[Anonymous]

I was able to locate my information on the county court website and they are the same lawyer.  I will try to get them to move to vacate the judgement, I will be certain to get that in writing though.

[pizzadude]

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@Anonymous wrote:

I was able to locate my information on the county court website and they are the same lawyer.  I will try to get them to move to vacate the judgement, I will be certain to get that in writing though.

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Good luck with your request, and yes ~ you should absolutely get it in writing.