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Vacate - Release of Judgement Letter. What is next step?

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jim20j
Valued Member

Vacate - Release of Judgement Letter. What is next step?

I paid a judgement debt from a Lender back in 06/2009. I recently called the representing attorney and they sent me a Satisfaction Release of Judgement letter which looks idential to a CCG0500 form. (Illinois Cook County)

 

(3308 - Release Satisfaction of Judgment
4902 - Motion to Vacate Judgment
8011 - Dismissed (Trial))

 

It states (in short) at the bottom "It is hereby ordered that the judgement in the above entitled matter is hereby vacated and held for naught."

 

Is there anything else I need to do in the courts. Do I just send this to the CRA's to have it remove from public record since the letter states Vacated?

 

Thanks

Message 1 of 22
21 REPLIES 21
RobertEG
Legendary Contributor

Re: Vacate - Release of Judgement Letter. What is next step?

If that is the order of the court, then they have vacated the public record.  CRAs dont vacate public records. They only review them.

 

If you send them a dispute of the continued showing of the public record in your credit file that establishes that the public record was vacated by the court. they will do a simple public records search to confirm that fact, and if vacated, it is gone and deletion is mandated.

Message 2 of 22
jim20j
Valued Member

Re: Vacate - Release of Judgement Letter. What is next step?

I do not believe it is the order of the court. It is a form that the plaintiff has already filled out and signed, which leaves me to believe I am not done yet. I did a search and it is still public record. So I would still need to appear in front of a Judge to grant/deny vacating the judgement?

Message 3 of 22
Countingpennies
Established Contributor

Re: Vacate - Release of Judgement Letter. What is next step?

Since the attorney actually talks to you, why not call him/her and ask if the order to vacate will be submitted to the court for the judges signature?
Message 4 of 22
jim20j
Valued Member

Re: Vacate - Release of Judgement Letter. What is next step?

This is actually acollections/ law firm and I only spoke with the representative who answered the call. I did call back and they stated that all I need to do is that thet judgement release and have a Judge sign off on it. They do not submit it to the Judge to sign off on it without a fee, which would be much higher than if I were to just take it in myself. Just need to take it to the court of circuit clerk and they will assist me. I will post my outcome.

Message 5 of 22
jim20j
Valued Member

Re: Vacate - Release of Judgement Letter. What is next step?

That was easy. Took the Release of Judgment sent to me by the lawyer, filed it at the clerks office, told me to come back after 10 days to pick it up. Went to the courtroom where it was assigned to the presiding Judge, picked it up from a bin in the courtroom.

Message 6 of 22
jj5280
Valued Member

Re: Vacate - Release of Judgement Letter. What is next step?

Hi Jim - I have a very similar case that I want to have removed from my CR. I'm going to contact the plaintiffs attorney tomorrow and request a release of judgment with a motion to vacate. Not sure how that will go but once you rec'd the release form from the attorney what did you file with the court? A motion to vacate? If so, on what basis (did you have to give a reason like paid in full) or was the documentation from the attorney all that was needed? One last question - did you then dispute with the CRA's or just send them the judges signed motion?

Thanks for the guidance
Message 7 of 22
jim20j
Valued Member

Re: Vacate - Release of Judgement Letter. What is next step?

I paid the judgment against me.  The only thing I had to file (for Illinois) was a Notice of Motion. When they [plaintiff's lawyer] sent me the Motion to Vacate, it's wasn't just a letter, it was an actual court form already filled out and signed by the plaintiff's attorney. I took that to the Circuit clerk office, told them I would like to have a Judge sign off on my motion to vacate. They gave me a Notice of Motion form to fill out, gave it back to them and told me to come back to pick it up after the Date/Time they provided me. I did not stand before a Judge.

 

I just received the signed off form so I haven't sent it to the CRA's yet. I'm still in the process and from what I have read, I'm getting conflicting results what to do next.

One states to send a copy of the signed Motion to Vacate to the CRA's  and they will delete it from my record. Another one states that the CRA's will only delete it, if in fact it was removed from public record, which can take up to 60 days after the court signs off on the motion. I will mail it to the CRA's soon and see what happens.

Message 8 of 22
jj5280
Valued Member

Re: Vacate - Release of Judgement Letter. What is next step?

Thanks. I paid the judgment in Feb 2009 as well. I don't see the plaintiffs attorney name listed on my CR but once I find that information I'm going to try writing them for the release / motion to vacate form. I'm encouraged by what you've been able to get done so far. If you have a chance please keep forum posted. Would love to hear how your story ends
Message 9 of 22
jim20j
Valued Member

Re: Vacate - Release of Judgement Letter. What is next step?

Check your county's public record online. The firm/attorney was listed on there for me. My personal preference was to call the representing firm. Will update with results when available
Message 10 of 22
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