Vacating/dismiss judgment

[Cencal]

Location: California

Wife has a small claims judgment against her, actually two because they split it into two separate cases. Cases were lost and entered on 7-14-09 and we were ordered to make $500/mo payments until the two cases were paid to the tune of a bit over $5000. These were paid in full on September 5, 2010. Plaintiff never filed a Notice of Satisfaction until 2-8-13 for one case and 3-1-13 for the other, after we pressed him to do so for a mortgage refi.

This is a small company with one silent partner and one active partner. Active partner approved a car allowance verbally and when silent partner learned of it, he threw a **bleep** fit and active partner wouldn't admit he approved it. Silent partner sued us and we lost without proof. Had to pay back month of allowance.

Anyway, I am looking for a way to remove this from her credit file as it's a killer on the score.

After researching this quite extensively, I have come up with a few different scenarios:

1) Vacatur of judgment

2) stipulation to vacate judgment and order thereon with prejudice

3) Motion to vacate (cancel) judgment....legal form SC-135

4) Rule 60b (5) satisfied judgment....not sure if this is only federal or state

It appears that I am not going to have cooperation with the active partner (who is now the SOLE owner of the company). I have emailed him a couple of times asking if he would sign the stipulation and got no response.

What is the best method to take in this case If I am going to have to go at this without cooperation From the plaintiff?

[randyrhodes]

Vacating a judgement is up to the judge only. The only thing the "partner" could do is contest it in court...which he has no reason to do as I can see since he got his money AND filed the satisfaction notice. Transunion will remove the judgment just by disputing it as paid most of the time. I don't know about EQ and EX. Best of luck to you. I know first hand how a judgement can hurt you...and in more ways than one.

[guiness56]

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@Cencal wrote:

Location: California

Wife has a small claims judgment against her, actually two because they split it into two separate cases. Cases were lost and entered on 7-14-09 and we were ordered to make $500/mo payments until the two cases were paid to the tune of a bit over $5000. These were paid in full on September 5, 2010. Plaintiff never filed a Notice of Satisfaction until 2-8-13 for one case and 3-1-13 for the other, after we pressed him to do so for a mortgage refi.

This is a small company with one silent partner and one active partner. Active partner approved a car allowance verbally and when silent partner learned of it, he threw a **bleep** fit and active partner wouldn't admit he approved it. Silent partner sued us and we lost without proof. Had to pay back month of allowance.

Anyway, I am looking for a way to remove this from her credit file as it's a killer on the score.

After researching this quite extensively, I have come up with a few different scenarios:

1) Vacatur of judgment

2) stipulation to vacate judgment and order thereon with prejudice

3) Motion to vacate (cancel) judgment....legal form SC-135

4) Rule 60b (5) satisfied judgment....not sure if this is only federal or state

It appears that I am not going to have cooperation with the active partner (who is now the SOLE owner of the company). I have emailed him a couple of times asking if he would sign the stipulation and got no response.

What is the best method to take in this case If I am going to have to go at this without cooperation From the plaintiff?

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It is a federal law but there are many states that follow that rule.

I can't remember off the top of my head if CA is one of them.

As far as the plaintiff not cooperating, that could be an issue if there is a certain form you need filled out.  Most of those forms ask for the plaintiffs yes or no.