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03-09-2013 05:26 PM - edited 03-09-2013 05:27 PM
I wasn't so lucky. I filed a motion to vacate judgement, all looked good, and then the judge declined it and refused to give me a reason why. I just filed a "Notice of Appeal." Unfortunately, it's a process that takes 60 days and the filing fee alone cost me $290. Consider yourself very lucky that the judge granted your motion! I have no idea why the judge denied my motion and neither does my lawyer, who is confused about it too and said that it should of been granted.
However, it appears you may have done it the smarter way. I filed the motion on my own on the basis that the judgement had been satisfied and under Florida law, that it reason enough for it to be vacated. Now I'm wishing I would of asked the CA to file the motion. Didn't think there was any chance of that happening though because I didn't think a CA would bother when they didn't have to and were not motivated to do so. Really surprised your CA agreed!!!
03-10-2013 03:54 AM - edited 03-10-2013 03:55 AM
My CA's attorney wouldn't budge on a motion to vacate. I am going to file the motion myself.
What state was this in?
03-10-2013 03:05 PM
Yeah I think I feel little fortunate there since the CA's lawyer agreed to do that with me sending him an email. I even offered to pay for the costs if any, but he isn't asking for it.
03-10-2013 07:00 PM
just my story,
had two judgements that were IIB in NJ. 2 years after they were IIB, i filed my own motions to vacate them saying that there were IIB and i could not be held liable for them anymore. Did this all through the mail, never had to goto court. Judge vacated both of them, and they even sent me back my filing fee of 32 bucks for each one! idk why but they did haha,
either way after that i disputed all three online, forget which two of the CRAs but two of them deleted right away, one came back verified. then disputed through mail telling them about my last dispute, and also included copies of the vacate notice signed but judge. THEY STILL VERIFIED, so next step filed complaint with BBB and it was deleted about 4 days later.
03-13-2013 08:19 AM
A quick update -
I just received the motion from the plaintiff's lawyer yesterday, signed and filed by the court , and getting ready to send letters with copies to all 3 CRAs. Hopefully they will just remove this public record without any pain.
03-30-2013 02:26 PM
Just wanted to add a little update here. TU and EX removed the public record from the CR. I am not sure about EQ. I just checked my CMRRR online and it showed that they still haven't received my mail yet. It's been over 2 weeks. Hopefully they will just remove it without causing any fuss like the other two. I haven't noticed any jump in score though. But I am still happy that it is off of my CRs.
04-01-2013 11:08 PM
Congratulations on all of your success!
I have a question ...
has anyone ever had Cap1 delete a collection? I read a lot about that and then followed procedure with exec off and had my collection deleted. Now, it is also on as a judgment so I thought they would delete it also - not so. I wrote a letter to the judge showing her my letter from Cap1 asking for removal, they just sent me a copy of the "satisfied" judgment which does not help because I want it off !! I just sent in a motion to remove it with my letter from Cap1 stating they were removing it from my credit report. Why won't they remove it ! I really don't understand.
Oh, I've also called the attorney that handled this. Seems to be some big law firm that does nothing but collections and everyone I talk to over there keeps telling me they didn't put the public record on and they have nothing to do with it. Bologna!
I'm going to the courthouse to get the documents for this public record to find out if there's anyway I can have it vacated. Have no clue what to look for. I may have to consult with an attorney. Advice anyone?
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