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Need Judgement input ASAP please!!! Is attorney correct?

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Established Contributor

Need Judgement input ASAP please!!! Is attorney correct?

I have a judgement that was filed in Arkansas.

Arkansas does not vacate upon being Satisfied.

 

I Have moved back to Michigan and MI does vacate a judgement based on it being satisfied.

I asked the attorney if it was paid off since I am now in MI, would they have a problem filing a motion to vacated based on being satisfied.

 

His Reply:

 

The judgment has not been registered in Michigan nor will it be if $2,500 is received in our office to settle this matter by tomorrow.  It makes no difference what the law is in Michigan as this is currently a judgment rendered by an Arkansas court only.  When the funds are received, it will satisfy the Arkansas judgment.

 

 

 

What I need to know is : Is he correct??

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Message 1 of 8
7 REPLIES
Super Contributor

Re: Need Judgement input ASAP please!!! Is attorney correct?


ktl72455 wrote:

I have a judgement that was filed in Arkansas.

Arkansas does not vacate upon being Satisfied.

 

I Have moved back to Michigan and MI does vacate a judgement based on it being satisfied.

I asked the attorney if it was paid off since I am now in MI, would they have a problem filing a motion to vacated based on being satisfied.

 

His Reply:

 

The judgment has not been registered in Michigan nor will it be if $2,500 is received in our office to settle this matter by tomorrow.  It makes no difference what the law is in Michigan as this is currently a judgment rendered by an Arkansas court only.  When the funds are received, it will satisfy the Arkansas judgment.

 

 

 

What I need to know is : Is he correct??


I believe that he's correct ~ you couldn't file a motion to vacate in MI because the judgment is only filed in AR.

 

However, you can still ask the attorney to file a motion to vacate in AR in exchange for payment.   You're not looking to just get it noted as being satisfied, but vacated, so that it could be removed from your credit reports.

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Message 2 of 8
Senior Contributor

Re: Need Judgement input ASAP please!!! Is attorney correct?

Yes. The Judgement was entered in Arkansas. If the Judgement was entered in MI then you're good to go to get it vacated. 

Message 3 of 8
Epic Contributor

Re: Need Judgement input ASAP please!!! Is attorney correct?

He is correct.  The judgment was entered in AR and cannot be collected on in MI without it first being domesticated in MI.  The attorney said that won't happen.  AR does not vacate only update to satisfied.

Message 4 of 8
Established Member

Re: Need Judgement input ASAP please!!! Is attorney correct?

What I'm reading is:  Please, please give us $2,500, so we can close out this file. He probably has no intention of domesticating the judgment in Michigan and trying to collect in Michigan.

 

Correct, it makes no difference what the law is in Michgan when there's only a judgment filed in Arkansas. 

 

Long Island, NY. **The views expressed by me on this site are my opinions only, are not intended to constitute legal advice, should not be relied on as legal advice, and are not intended to create any attorney-client relationship.**
Message 5 of 8
New Contributor

Re: Need Judgement input ASAP please!!! Is attorney correct?

Judgments in Michigan can be vacated once satisfied? I'm in Michigan and have judgements and have found no evidence of this? Can anyone provide any proof of this or point me in the right direction?

Message 6 of 8
Established Contributor

Re: Need Judgement input ASAP please!!! Is attorney correct?

Michigan follows the Federal Rules of Civil Procedure, Arkansas and other states do not.   Here is for MI

http://www.law.cornell.edu/rules/frcp/rule_60


(b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6) any other reason that justifies relief.

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Message 7 of 8
New Contributor

Re: Need Judgement input ASAP please!!! Is attorney correct?

Thanks for the info ktl!

 

Can anyone from Michigan comment on this? Have you been able to get judgements vacated based on them being satisfied? And if so, what forms would I need to fill out?

Message 8 of 8