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Established Member
chapal75
Posts: 17
Registered: ‎02-25-2013
0

Motion filed to vacate Judgment ... next steps?

So, I finally took the first step. Sunday night finally had the courage to send an email to CA's lawyer asking to see if it is possible to vacate the judgment that I paid off couple of years ago. And next morning they agreed to do that!!! So today I received the motion that they filed with the county and told me that it may be another week to 10 days until I get the signed copies from the court. Now, my question is what do I do next? Do I send the copy to CRAs and ask them to remove it ? Or just dispute? Any suggestion?

And many many thanks to this amazing community for giving me all the knowledge. You rock!!!
Frequent Contributor
Countingpennies
Posts: 465
Registered: ‎02-14-2013
0

Re: Motion filed to vacate Judgment ... next steps?

Congratulations! After you get your signed order, it might take awhile to update on your CRs. It may update automatically, but most likely you will have to dispute to get them off.  I had 1 judgement that I was able to get removed on TU and EX by online dispute. EQ said it was verified, I called then faxed a copy of the order with the word dismissed circled in red, took a month, but they removed it.

 

Hopefully, someone with more knowledge on this will post, but just thought I'd share my experience.

Valued Contributor
JM-AM
Posts: 3,303
Registered: ‎06-09-2010
0

Re: Motion filed to vacate Judgment ... next steps?

You will have to wait for the signed papers, you may be able to go down to the court and get a copy (once they have it) instead of waiting for it to come in the mail.

Good Luck
May all your dreams and wishes become a reality!
Established Member
chapal75
Posts: 17
Registered: ‎02-25-2013
0

Re: Motion filed to vacate Judgment ... next steps?

Nice! Thanks Countingpennies!!! I will definitely follow this.

Established Member
chapal75
Posts: 17
Registered: ‎02-25-2013
0

Re: Motion filed to vacate Judgment ... next steps?

Thanks JM-AM!

Mega Contributor
RobertEG
Posts: 17,816
Registered: ‎03-19-2007
0

Re: Motion filed to vacate Judgment ... next steps?

As to next steps, my suggestions...

 

Public records are strange birds when it comes to credit reporting.  Information is normally provided to the CRA by a "furnisher," who is the party with whom the information occured.  However, many public records are not reported in that manner.  Courts dont report judgments, and often the judgment credtitor is not the party who reported.

The CRAs, in order to supplement creditor information, hire private searchers to review public record information and provide that information to them.

I would thus inform the CRA of the change in status.

 

The dispute process is for asserting the inaccuracy of reporting.  The judgment itself, as now reported, is not inaccurate, it simply requires update of status, and thus removal.

The CRA most likely has no furnisher to refer a dispute to for verification, so the dispute process is really not the process, as the entire decision making resides with the CRA.

 

Once you receive a final copy of the court order vacating the judgment, I would first send it to the CRA and simply ask for its deletion based on the fact that it has been vacated.

I would not use the dispute process unless the CRA declines, stating that the information is still considered accurate.  Then you have a disputable inaccuracy that they will have to reinvestigate.

 

 

Established Member
chapal75
Posts: 17
Registered: ‎02-25-2013
0

Re: Motion filed to vacate Judgment ... next steps?

Thanks Robert!!!

 

Regular Contributor
Andrew22
Posts: 118
Registered: ‎11-15-2010
0

Re: Motion filed to vacate Judgment ... next steps?

+1 to Robert.

This is exactly what I did--wrote to the CRA's, with a copy of the order removing the judgment, and asked for its immediate removal. They were removed pretty quickly.

Also, not to rain on any parades, but your motion still has to be approved by a judge, right? Maybe I misread, but you have just a motion, correct? It is unlikely the judge will deny the motion, but, it could happen, for any number of clerical or other reasons. And, getting to the top of a judge's pile, at least in my city, can take some time. So, congrats, but you may want to gather just a bit more patience, in case something goes awry...judges go on vacations, lawyers fill out forms incorrectly or forget to sign, stuff happens...hoping its 10 days for you, but, be prepared!

 

Established Member
chapal75
Posts: 17
Registered: ‎02-25-2013
0

Re: Motion filed to vacate Judgment ... next steps?

Just an update -

 

The motion has been granted, signed by the judge and filed (exact wording from the court's online record "ORDER VACATING DEFAULT JUDGMENT FILED"). I take it this is good then?

 

Established Member
chapal75
Posts: 17
Registered: ‎02-25-2013
0

Re: Motion filed to vacate Judgment ... next steps?

Thanks Andrew!

 


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