cdub69 wrote:
The filing party doesn't have a problem with helping me.But they say there is nothing that they know of that they can do about it.What reason do I give the court to vacate,this judgement,since I was served legally?
Except for child support judgments and housing court judgments in select jurisdictions, simply having satisfied a judgment is seldom legal grounds for having it vacated. That said, some courts do understand the difficulties one has with a judgment reporting on their credit report and are willing to vacate paid judgments -- especially if the judgment creditor is not opposed.
First of all, you'd be in better shape if you can get the judgment creditor to write a statement that they do not oppose having the judgment vacated or at least ensure you that they will not repond should they be notified of your attempts to have the judgment vacated.
You'd need to file a Motion to Vacate and the problem is what grounds you have for the court vacating the judgment. In some states -- such as New York -- you can simply say that the judgment is satisfied and they will generally vacate the judgment. That, however, is not the norm in other states. Some judgment debtors will file the motion claiming improper service and also attach proof the judgment has been satisfied and a letter from the judgment creditor stating they do not object to having the judgment vacated. Sometimes the court will just go ahead and vacate the judgment.
A problem arises, however, if the court insists on holding a hearing to determine the issues. If there is a hearing and the court decides that service was proper, you may be out of luck.
I would consult the court clerk's office and ask them what they have seen or heard about other similar cases.
IAALBNYL
