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Lawyers say I can't vacate judgment

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sharriel
Frequent Contributor

Lawyers say I can't vacate judgment

After my whole debacle trying to vacate my satisfied judgment on my own, I decided to hire a lawyer to do it for me.

 

After speaking with a few lawyers, all of them say that they have never heard of vacating a satisfied judgment in NC and they cannot help me.

 

They say that Rule 60 applies only when an error has been made (like if a judgment is filed against me after the debt was paid).  I tried explaining to them that I can have it vacated simply after satisfying it but they disagree.

 

What do I do now??  I can't even get a lawyer to do this! UGH!

 

5/16/13 Starting FICOEQ: 521 FICOTU: 536 FICOEX: 571
5/13/14 Current FICOEQ: 668 FICOTU: 690 FICOEX: 673
Message 1 of 4
3 REPLIES 3
newmomnewme
Valued Contributor

Re: Lawyers say I can't vacate judgment

I am sorry to hear this. I am not versed in NC law by any stretch, did you try more than one attorney?  I did see on this site that some states vacate and some don't...was it a default judgment? Does it matter in NC?

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Message 2 of 4
randyrhodes
Established Contributor

Re: Lawyers say I can't vacate judgment

Maybe you should take what info you found and have a meeting face to face with them. law interpretation is very fickle. everyone sees it differently.
Message 3 of 4
RobertEG
Legendary Contributor

Re: Lawyers say I can't vacate judgment

Get a copy of your state code relating to reasons for vacature of a judgment.

If your state provides specific authorization for the courts to vacate a judgment based on its satisfaction, there is really no need to file via counsel.

The only legal requirement prior to filing a motion for such vacature is that the prevailing plaintiff has filed a notice of satisfaction with the court.

So make sure that has been filed.

 

The remainder of your motion is a simple request fhat the court exercise its discretion by granting you that relief.  Your reason is obvious... it is huring your credit rating.

 

Message 4 of 4
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