cancel
Showing results for 
Search instead for 
Did you mean: 

Vacate a Judgement?

tag
nvrgvupnvrsrndr
Contributor

Vacate a Judgement?

Just wondering if anyone has any experience with getting a judgement vacated.  My wife and I had some med bills from a few years ago that I had initially disputed.  I was working in the construction industry at the time 80-100 hr weeks.  The company I worked for at the time changed insurance companies twice while I was employed there.  What was a bigger hassle was they changed plans within those two insurance companies several times.  My plan coverages/deductibles/co-pays were all over the place every time the plan changed.  I would have a co-pay and by the time I would get the bill I would see a different amount owed than what was originally quoted after my co-pay/deductible.  The insurance companies excuse was that I was no longer covered by that policy.  I was unable to keep up with all of it due to the hours I was putting in.  One thing led to another and we eventually went to court and ended up with a judgement.  I will make a point to say this is the only negative I have on all three of my CR's.  The company I was working for at the time eventually closed their doors like so many others.  By the time we went to court I had been laid off for several months and luckily had enough set aside to ride it out.  I went to court with some of the documentation I was asked to provide but was a liitle unsure of the process.  The judge asked if I was sure I wanted to represent myself and I told him I could not afford an attorney at the time and really had no choice.  He postponed judgement to give me a liitle more time to think about it.  In the meantime I was able to pick up some contract work.  I called to get the court date rescheduled again because I was unable to make it to court that day due to work but they passed judgement anyway.  My wife and I paid off/satisfied the judgement.  It even shows on our CR's as such.  The problem I have is one negative is really holding down my score.  Life has turned around since.  I hired on as VP for a small start up construction company.  Under my direction we saw a 311% growth last year and are on par to double that again this year.  I'm ready to buy a house.  I am thinking about approaching the hospital/medical facility that we had the judgement with and see if they would be opposed to vacating.  There's no bad blood there(sorry for the pun).  I really can't see why they would object.  They have all there money, it never got ugly, I never disputed the validity of the bills just the fact that they all belonged to me.  I would pay the attoney's fees to handle the paperwork and have a valid reason to dispute in the courts eyes at least from what I've read.  The fact that I was unable to take off from work is a valid reason to request to have a judgement vacated in my state.  Anyway, I was just wondering if anyone had any related experience.

Message 1 of 5
4 REPLIES 4
guiness56
Epic Contributor

Re: Vacate a Judgement?

It isn't going to hurt any thing to ask them.

 

You need to find out what is required, paperwork wise, to file a motion to vacate.  Some courts allow a written letter to the judge, others there is a specific form that needs to be filled out by both you and the creditor or their attorney. 

 

Many have had judgments vacated for satisfaction.

Message 2 of 5
nvrgvupnvrsrndr
Contributor

Re: Vacate a Judgment?


@guiness56 wrote:

It isn't going to hurt any thing to ask them.

 

You need to find out what is required, paperwork wise, to file a motion to vacate.  Some courts allow a written letter to the judge, others there is a specific form that needs to be filled out by both you and the creditor or their attorney. 

 

Many have had judgments vacated for satisfaction.


I think I've already found the form.  I've just got to work up the courage to contact the med facility/hospital.  I was able to acquire e-mails for the CEO and CFO today.  I am not sure if an e-mail to them is the best idea or I should start with a low level administrator or the attorney that represented them.

Message 3 of 5
guiness56
Epic Contributor

Re: Vacate a Judgment?

Since the debt is paid with no hard feelings, I would first ask the OC how they would feel about allowing it to be vacated.  They may refer you to their attorney but it is worth the shot.

Message 4 of 5
nvrgvupnvrsrndr
Contributor

Re: Vacate a Judgment?

Ok. Thanks for the information.
Message 5 of 5
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.