Judgment in Tennessee

[Outnumbered5]

I had a default judgment against me in June 2010 for an unpaid dental bill.  Long story short, I had preemie twins that required a long stay in the NICU (and several more hospitalizations even after they came home.  It was really hard on our family.  Anyhow, the judgment has been paid off.  I called the courthouse to find out how to get it vacated.  The clerk was very unhelpful.  She told me that they don't vacate judgments.  So, I decided to e-mail the plaintiff's attorney to try a different angle.  It was really hard getting ahold of his e-mail address, but I dug through some paperwork and I had one letter that was written on his letterhead (YAYYY!!!)  This is the e-mail I sent him.  Cross your fingers for me please!!!!!

Good Afternoon Mr. Buffaloe,

I am writing to you regarding Docket # XXXXXXXX,  Family Dentistry v. Amanda G. The purpose of my correspondence is to humbly request your assistance in having this judgment vacated. The balance has been paid in full to your firm.

While I fully understand that the responsibility of this debt was fully in my hands, our family had a serious medical crisis that led to this debt going into collections and then into a lawsuit. Without trying to write you a "sob story," I just hope that I can make this a bit more human and personal for you. You see, I gave birth to twins who were born at 24 weeks and spent 4 months at Children's Hospital in the NICU. After their release from the hospital, they still required significant medical care. Our family had to make heavy financial decisions, and unfortunately, our bill from Family Dentistry (which we had previously been making regular payments on) was one of the bills that had to go unpaid for a period of time. This was also the only debt/bill on which we had any collection activity, as we were able to make arrangements with everyone else.

It has taken 3 years for our family to fully recover and get back on track financially, but I really feel that this judgment on my credit is not an accurate reflection of my character or my credit worthiness. Unfortunately, creditors have their own way of judging these things. We are actively pursuing a mortgage to buy a home, and as you can imagine, this judgment is quite a hinderance.

I'm not exactly sure of the legal process, but I was advised to contact your firm as a first resort in attempting to have this removed.

Your kind consideration in this matter is greatly appreciated.

Warm regards,

Amanda G

XXXX AlmostDebtFree Drive

Small Town, TN XXXXX

(xxx)xxx-xxxx

[sbeasl11]

That sounds good to me, but I am still very new to this. Good luck to you! Keep us updated.

[Outnumbered5]

Well, he replied within 2 hours of me sending the e-mail.  Sigh...

Ms G,

You did pay this account in full and I thank you very much for taking care of your obligation. (Legally, you still owe $34.16 in interest but this has been written off and we have treated the account as paid in full.)

 A final judgment cannot be vacated as you requested. A General Sessions Court has 10 days from the date of judgment to set aside a judgment. After that, the judgment can be altered or amended only for a clerical error; otherwise, it is final and cannot be vacated. Your judgment was entered June 14, 2010 and final payment was not received until December 15, 2011. We will, at your request, notify any credit bureau designated by you that the account has been paid in full but the Tennessee law does not allow a final judgment to be vacated.

[Autumnslight]

I don't know for sure, but I think I recall seeing someone else from Tennessee post about there being some special form or way to do this, that is specific to Tennessee. Maybe try editing your title to include Tennessee and see if someone who knows more about it can help? Or try searching for Tennessee Judgement? Good luck!

[Outnumbered5]

I feel like I've exhausted every avenue as far as getting this thing removed.  I've searched and I'm coming up with nothing.

[twall06]

Hi was you ever able to get this removed ? I have one with the same attorney its paid but want to get rid of it since I plan on buying a house later this year

[RobertEG]

Have you actually reviewed the TN state code for reasons for vacatur of judgment?

Many states give the judge discretionary, as opposed to mandatory, authority to vacate based on satisfaction. 

The clerk may have been relying only on his or her perception, but if the code permits such motions, get it before a judge.

The response from the atty was apparently directed only at review of the judgment when initially issued.

If the state code provides for vacatur, it most likely wont have to come from the judgment creditor/atty.

The creditor's atty has the interests/wallet  of only his client at issue, so has every reason not to do your legal work for you.

[ktl72455]

http://tncourts.gov/rules/rules-civil-procedure/6002

RULE 60. RELIEF FROM JUDGMENTS OR ORDERS

218Rule 60.02: Mistakes — Inadvertence — Excusable Neglect — Fraud, etc.

On motion and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (3) the judgment is void; (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 a judgment should have prospective application; or (5) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1) and (2) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this Rule 60.02 does not affect the finality of a judgment or suspend its operation, but the court may enter an order suspending the operation of the judgment upon such terms as to bond and notice as to it shall seem proper pending the hearing of such motion. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order or proceeding, or to set aside a judgment for fraud upon the court. Writs of error coram nobis, bills of review and bills in the nature of a bill of review are abolished, and the procedure for obtaining relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

[RobertEG]

Then the court has the discretion.

I would file a motion providing some reason why vacating would be "just,"  and rely upon the statutory discretion of the court.