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Valued Member
Posts: 26
Registered: ‎06-22-2012
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Vacating a judgment question

After paying off a default judgment, I asked the firm if they could vacate it with the courts. Being from 2009, I was told they no longer had this ability.  Is this true? Is there a workaround?  I am considering the MOV route, but thought this would be the best way to ensure deletion with the CRA's.

 

Any help is GREATLY appreciated. 

Valued Contributor
Posts: 2,669
Registered: ‎04-25-2011
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Re: Vacating a judgment question


xRayTony wrote:

After paying off a default judgment, I asked the firm if they could vacate it with the courts. Being from 2009, I was told they no longer had this ability.  Is this true? Is there a workaround?  I am considering the MOV route, but thought this would be the best way to ensure deletion with the CRA's.

 

Any help is GREATLY appreciated. 


It varies state to state.. In Illinois, apparently its no big deal, the judge will vacate the judgment after you pay, all you have to do is file.. I am attempting this as we speak..

 

Other states are not as forgiving...

 

I tired the MOV on mine, no success... mine was from 2008..

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 09/14: TU: 784 | EQ: 752 | EX: 784
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
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Valued Member
Posts: 26
Registered: ‎06-22-2012
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Re: Vacating a judgment question

I'm in St. Louis... Maybe close proximity means it will work for me as well.  Haha.  What grounds did you file on?  Doesn't it have to improperly served or something along those lines?

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Valued Contributor
Posts: 2,669
Registered: ‎04-25-2011
0

Re: Vacating a judgment question


xRayTony wrote:

I'm in St. Louis... Maybe close proximity means it will work for me as well.  Haha.  What grounds did you file on?  Doesn't it have to improperly served or something along those lines?


It really depends on the state. I am unfamilar with Missouri, so you might want to try some Googling.. but, in illinois:

 

Here are the applicable statutes:

(735 ILCS 5/12‑183) (from Ch. 110, par. 12‑183)
Sec. 12‑183. Release of judgment.
(a) Every judgment creditor, his or her assignee of record or other legal representative having received full satisfaction or payment of all such sums of money as are really due to him or her from the judgment debtor on any judgment rendered in a court shall, at the request of the judgment debtor or his or her legal representative, execute and deliver to the judgment debtor or his or her legal representative an instrument in writing releasing such judgment.

***

(h) Upon the filing of a release or satisfaction in full satisfaction of judgment, signed by the party in whose favor the judgment was entered or his or her attorney, the court shall vacate the judgment, and dismiss the action.

 

 

Essentially, if  you paid, and you get the full satisfaction of judgment in Illinois the court will vacate it if you motion it back into court.. barring any motion filed by the creditor to block it, I am assuming...

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 09/14: TU: 784 | EQ: 752 | EX: 784
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession


Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $13900, Citi/Home Depot $8500, Capital One Cash Rewards $3500, BOA $7500 Total Utilization: 3%. AAoA: 2yr, 9mth. INQS: 1 TU, 1 EQ, 3 EX

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