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Valued Member
toodles12
Posts: 43
Registered: ‎01-13-2013
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Questions about Judgements for the Pros

I have a medical judgement that was just updated to PD and another medical judgement that was deleted. Upon reviewing the docket, I have come to realize that I was never served for the one that was marked PD.

 

In 2008, I was apparently served at an old address that my then soon-to-be-ex husband signed for. I, of course, never received the info as this was a very bitter separation and divorce.

 

My paycheck was garnished in 2009 (during the summer, if I remember correctly) but I was under the assumption it was for a prior judgment that I was unable to attend (mother was undergoing cancer treatments and I was her ride back and forth) as this judgment was from a medical collection as well.

 

Do I have a leg to stand on in disputing this as I myself was not properly served? It is paid but I feel slighted as I should have been given the chance to attend the hearing.

 

 


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ktl72455
Posts: 835
Registered: ‎12-09-2012
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Re: Questions about Judgements for the Pros

Look up for your state Civil Procedure Rule 60

Rule 60. Relief from Judgment or Order

(a) Corrections Based on Clerical Mistakes; Oversights and Omissions.

The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court’s leave.

(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 from 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.

(c)Timing and Effect of the Motion.

(1)Timing. A motion under Rule 60(b) must be made within a reasonable time – and for reasons (1), (2), and (3) no more than a year after the entry of the judgment or order or the date of the proceeding.

(2)Effect on Finality. The motion does not affect the judgment’s finality or suspend its operation.

(d) Other powers to Great Relief. This rule does not limit a court’s power to:

(1)entertain an independent action to relieve a party from a judgment, order, or proceeding;

(2)grant relief under 28 U.S.C. § 1655 to a defendant who was not personally notified of the action; or

(3)set aside a judgment for fraud on the court.

(e) Bills and Writs Abolished.

The following are abolished: bills of review, bills in the nature of bills of review, and writs of coram nobis, coram vobis, and audita querela.

 

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Valued Member
toodles12
Posts: 43
Registered: ‎01-13-2013
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Re: Questions about Judgements for the Pros

I'm in Indiana and here's what I have...

 

(B)   Mistake--Excusable neglect--Newly discovered evidence--Fraud, etc. On motion and upon such terms as are just the court may relieve a party or his legal representative from a judgment, including a judgment by default, for the following reasons:

(1)    mistake, surprise, or excusable neglect;

(2)    any ground for a motion to correct error, including without limitation newly discovered evidence, which by due diligence could not have been discovered in time to move for a motion to correct errors under Rule 59;

(3)    fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;

(4)    entry of default or judgment by default was entered against such party who was served only by publication and who was without actual knowledge of the action and judgment, order or proceedings;

(5)    except in the case of a divorce decree, the record fails to show that such party was represented by a guardian or other representative, and if the motion asserts and such party proves that

(a)    at the time of the action he was an infant or incompetent person, and

(b)    he was not in fact represented by a guardian or other representative, and

(c)     the person against whom the judgment, order or proceeding is being avoided procured the judgment with notice of such infancy or incompetency, and, as against a successor of such person, that such successor acquired his rights therein with notice that the judgment was procured against an infant or incompetent, and

(d)    no appeal or other remedies allowed under this subdivision have been taken or made by or on behalf of the infant or incompetent person, and

(e)    the motion was made within ninety [90] days after the disability was removed or a guardian was appointed over his estate, and

(f)     the motion alleges a valid defense or claim;

(6)    the judgment is void;

(7)    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 the judgment should have prospective application; or

(8)    any reason justifying relief from the operation of the judgment, other than those reasons set forth in sub-paragraphs (1), (2), (3), and (4).

 

So... it looks I may be able to have it removed as I never received the summons and it's all notated in the court docket.


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ktl72455
Posts: 835
Registered: ‎12-09-2012
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Re: Questions about Judgements for the Pros

AND B (4)

(4)    entry of default or judgment by default was entered against such party who was served only by publication and who was without actual knowledge of the action and judgment, order or proceedings;

 

Should be easy to get it off.

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Moderator
guiness56
Posts: 22,406
Registered: ‎01-17-2008
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Re: Questions about Judgements for the Pros

You need to also look at what is considered proper service in your state.  In some states, just handing to anyone in your house over 16 is legal.  In others, giving it to your spouse is considered service.

 

The fact that it is satisfied looks like a reason to have it vacated.

New Contributor
gummiebear
Posts: 63
Registered: ‎02-15-2013
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Re: Questions about Judgements for the Pros

[ Edited ]

Hi,

 

Can anyone tell me which legal statement I use for my case. I had something put on my credit as a public record.  It says that it was put on there 12/2010. Of course back then I was not watching my credit report.  It is not even for me. It is for my spouse and it is $100 !  Seriously!  I had been trying as I had time to get it off with Transunion but no luck. I've called the court twice now and the 2nd time they told me to come in and file a motion to remove it which I did the same day.  I think they were surprised because the lady was trying to talk me out of it but I insisted and I'm going to court in like 2 or 3 weeks. I don't remember all of the details but I know that he paid it. I was not concerned because it was HIS medical bill and certainly never thought they would put his bill on my credit as a public record or put it on me at all !  I got a copy of some proceedings or dates they say they did what but I don't understand everything it says. I know that one item has it was returned or couldn't be processed, they sent to wrong address, was returned, not signed or something. I really had no idea of what they were doing and I have never been charged with any of his bills.  It is not mine and I shouldn't be charged for it .... in a public record!!! (and he did pay it).  What legally do I say to the judge to have it removed?  I feel this is so ridiculous and a pure waste of my time having to go through all of this.  Also I live in a state that is not common law and not a community property state.  The majority of the medical bill was paid by his insurance. He had a portion after they paid their part.

New Contributor
gummiebear
Posts: 63
Registered: ‎02-15-2013
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Re: Questions about Judgements for the Pros

[ Edited ]

So the fact that it is paid is a reason to have it removed?   Can I file a motion with the court if any item is paid and then have it removed?

 

Why was that lady at the courthouse not wanting me to file the motion? That doesn't make sense....

Moderator
guiness56
Posts: 22,406
Registered: ‎01-17-2008
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Re: Questions about Judgements for the Pros


gummiebear wrote:

So the fact that it is paid is a reason to have it removed?   Can I file a motion with the court if any item is paid and then have it removed?

 

Why was that lady at the courthouse not wanting me to file the motion? That doesn't make sense....


Not necessarilly, it depends on your state statutes on judgments.

Established Contributor
Crossdivided
Posts: 534
Registered: ‎01-23-2013
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Re: Questions about Judgements for the Pros

Personally, id just go through whatever your states channels are to ask for a Motion to Vacate. Just explain the situation and see if they are going to help you or not. Id save all the statutes and bylaws for later if you need them. Theory being, if someone asked me nicely to do something, I may or may not do it....BUT if someone tried to force me to do something, THEN turned around and tried to 'ask nicely' after their 'legal request' got shot down, id just laugh at them.

 

i dont know, thats just me.

Mega Contributor
RobertEG
Posts: 18,534
Registered: ‎03-19-2007
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Re: Questions about Judgements for the Pros

[ Edited ]

You would not file an FCRA dispute based on assertion of impropriety in a court judgment.  The judgment is about as strong a verification of accuracy as you will find, and the CRA can base their reinvestigation solely on the finding of the court.  They cannot independently find that a court/judgment was inaccurate.

 

I would begin by placing a call or visiting the office of the clerk of the judgment court.  They can tell you how the court usually handles motions to vacate based on satisfaction of a judgment.  Just because a court has the authority to do so does not mean that the judge is required to do so, or that the facts of your case so warrant.

 

One judge may frown on such motions to vacate, while next door judge might grant, unless the court has a clearly established policy. 

Issues of prior history, such as how long the judgment remained unsatisfied prior to payment or the ultimate need for an additional writ of satisfaction, such as garnishment, could influence the charity of a judge.  The prevailing plaintiff may also file a response opposing the motion to vacate.  Lots can happen.

 

I would have a chat with the clerk of the court.


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