about to file my motion to vacate...final question before i mail it?? UPDATE!!! successfull!!!

[krisg88]

So im about to file a motion to vacate a default judgement, it was dishcarged in BK over 2 years ago, also the original creditor agreed to delete from my reports, and i will be including a copy of that. i just wanted to check with you guys, i went over all my paper work 1000 times and everything is in order and filled out correctly.

I have been unable to find out if the plaintiffs attorney can do anything to me if my motion is denied for some reason, or if they can come after me somehow again for the judgement(it was discharged in BK), for attorneys fees, and so forth????  In my state (nj) we have an option to request oral argument or deny them and just submit all our paperwork with our motion, and i chose to deny it and send in all my paperwork so i hopefully wouldnt have to go up again plaintiffs attorney if they showed for some reason.

basically, if i file this motion, can the plaintiffs attorney come after me for anything?

Im trying to get this vacated so i can remove from my reports, because there not scheduled to drop for another 4-5 years. would like them off now. thanks in advance for any thoughts!

[Anonymous]

can you file to vacate by mail?? i would do that in a heartbeat if it can be done.

[krisg88]

In NJ you can....there is an option to request a verbal arguement or decline it. If u decline you just
Send in all evidence and paperwork by mail and u dont have to show unless the court or plaintiffs
Attorney requests it.

I included a copy of a letter from chase saying they no longer hold me liable for original account which caused judgement...
And that they would delete original account from credit reports....plus the judgement was discharged in BK...So I'm
Hoping that was enough...mailed it tuesday...guess well see what happens!

[MissKay]

I am in NJ and have recently filed two motions tovacate. Please keep me posted on your journey.

[krisg88]

so thrilled right now! filed my motion to vacate and it came back last week in the mail. i was successfull and the judgement was vacated and case was dismissed!! they even sent back my 15 dollar filing fee! sweet!! then i disputed with equifax and transunion since they were the only two that listed it. Equifax allready removed it and still waiting on transunion.

i had another one i was waiting on to file to vacate it, i wanted to see how my first one went and if it was successfull. Since it was i mailed out the 2nd one the other day! Just thought that id give an update and say that it can be done quite easily.

[2NE1]

Congrats! thanks for sharing!

EX is giving me a hard time removing my judgment, I've been thinking about going this route. Good luck with your TU results!

[shorrttyycm1]

Quick question, how did you get original creditor to agree to delete and send it in writing?  I filed Chapter 7 and would love to know how to proceed with this.

THANKS!

[krisg88]

the OC was chase. i got them to agree to delete the original account through a good will, they sent me paperwork saying they would delete and no longer hold me liable. so sent that letter with my paperwork. Although i think it would have been approved without that, i found online somewhere that in NJ after two years discharged from your BK, any judgements that were included in it can be vacated for credit report removal on that alone. I sent out my second one for the other judgement on these grounds alone cause GW hasnt worked with original creditor, so ill see how that goes.

[shorrttyycm1]

That's awesome!  Could you pm me a copy of the goodwill?  I haven't attempted on yet and would like my first to be for this judgement.

THANK!!!!!!

[krisg88]

dont have a copy of the GW anymore, but you can find letters like that on here. Just to clarify i didnt mention anything about the judgement in the GW to chase about the original account. good luck!!