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I'm hoping someone can assist...
I have one old judgment (Midland ugh!!) that's back from 2008 that I would like to get removed. I have been searching the MN website for days, and I'm not sure if I"m just missing it in all the confusing legal jargon, but I can't find any process of how to request to have this satisfied judgment removed.
Any ideas if MN is a state that allows removals?
Would be subset (E) for you...
Minnesota Rule of Civil Procedure 60.02, Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud; etc.
On motion and upon such terms as are just, the court may relieve a party or the party’s legal representatives from a final judgment (other than a marriage dissolution decree), order, or proceeding and may order a new trial or grant such other relief as may be just for the following reasons:
(a) Mistake, inadvertence, surprise, or excusable neglect;
(b) Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial pursuant to Rule 59.03;
(c) Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(d) The judgment is void;
(e) The judgment has been satisfied, released, or discharged or prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
(f) Any other reason justifying relief from the operation of the judgment.
The motion shall be made within a reasonable time, and for reasons (a), (b), (c) not more than 1 year after the judgment, order, or proceeding was entered or taken. A rule 60.02 motion does not affect the finality of a judgment of suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided in Rule 4.043, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.
O..M..G!!! If I'm reading this correctly, then I am one of the lucky ones that lives in a state that will remove upon satisfaction???
Maybe too soon for a "happy dance"... but I do believe you may have just made my night!!! Looks like it's time to head to the county courthouse!!!
THANK YOU... THANK YOU.... THANK YOU!!!!!!
ohhhh... and in case you didn't get that... THANK YOU!!
Okay, after a trip to the court house and a conversation with the creditor's attorney, I am feeling like I am chasing my tail this morning
Spoke to the creditor's attorney, and they stated that I needed to have it addressed with the court. Meaning, they won't remove the judgment.
Went to the court house, and they've NEVER heard of a motion to vacate a satisfied judgment (motion for relief of judgment) and said I needed to talk to the creditor and their attorney!!!!!!! UGH!
I even reached out to a credit/bankrupcy lawyer, who, until I SHOWED him the MN Court Rules above, told me that he didn't think it was possible.
Any suggestions on where I go from here?? Someone HAS to be able to release this, and stop the reporting.... as I have had 2 other judgments that WERE showing up on my credit report, but are no longer!! (and they're not as old as the one still reporting!)
Not sure what to do
@Barneygirl wrote:Okay, after a trip to the court house and a conversation with the creditor's attorney, I am feeling like I am chasing my tail this morning
Spoke to the creditor's attorney, and they stated that I needed to have it addressed with the court. Meaning, they won't remove the judgment.
Went to the court house, and they've NEVER heard of a motion to vacate a satisfied judgment (motion for relief of judgment) and said I needed to talk to the creditor and their attorney!!!!!!! UGH!
I even reached out to a credit/bankrupcy lawyer, who, until I SHOWED him the MN Court Rules above, told me that he didn't think it was possible.
Any suggestions on where I go from here?? Someone HAS to be able to release this, and stop the reporting.... as I have had 2 other judgments that WERE showing up on my credit report, but are no longer!! (and they're not as old as the one still reporting!)
Not sure what to do
Ok, try this first, a GW letter to the judge asking for it to be vacated, be sure to send copy of the law with your request. The plaintiff or their attorney isnt going to help you, if the GW fails you are going to have to figure out the legalese and proper format to file the motion yourself or hire counsel to do it for you. In some states this is easy the court clerk has forms for it but it looks like even though it is legal in MN they make it very hard to accomplish. I wish you good luck
Thanks for the input. Yes, I was absolutely mortified that the county clerks (3 of them) had no clue what I was talking about!! And neither did a credit and bankrupcy lawyer!
I started with a GW letter to both the CA and their respective Legal firm, requesting THEM to do it. I included a copy of the state court rules, and denoted that I was respectfully requesting for them to do it, before engaging legal action on my end (per the included MN court rule), to prevent additonal time, effort and costs on both sides.
Will see what kind of reply I get to that. If it goes no where, which I suspect it won't, a GW letter to the judge will be my next route.
Shouldn't be this hard in a state that allows it!
Thanks for the advice!!
Well, update here...
I wrote out a well thought out GW letter to the judge, mailed it, and just received a response today from the clerk that the judge will not even look at it based on the Code of Judicial Conduct.
I have absolutely NO clue where to go from here. Getting these vacated in MN is allowed.... but I have hit a dead end as to HOW I'm supposed to do it!
@Barneygirl wrote:Well, update here...
I wrote out a well thought out GW letter to the judge, mailed it, and just received a response today from the clerk that the judge will not even look at it based on the Code of Judicial Conduct.
I have absolutely NO clue where to go from here. Getting these vacated in MN is allowed.... but I have hit a dead end as to HOW I'm supposed to do it!
Ok, unfortunately you may need to hire legal counsel to get it done.
well, here's the REALLY stinky part of it all.... I actually contacted not one, or two, but THREE lawyers who are supposed to "specialize" in credit and bankrupcy.... and not one of them had a clue what the heck I was talking about!!!
One of them actually had the nerve to say to me that he didn't think it could be done. And when I sent him the MN Court Rules... his response was "oh, I guess it looks like you've done your investigation, good luck to you, I fear you may need it" ....AHHHH!!!!!!!!
Trying another attorney, but at this point... feeling like I'm chasing my tail! It's LEGAL in MN.... and POSSIBLE in MN... and it's IN the MN Court Rules.... but NO ONE in MN knows how the heck to DO IT!
@Barneygirl wrote:well, here's the REALLY stinky part of it all.... I actually contacted not one, or two, but THREE lawyers who are supposed to "specialize" in credit and bankrupcy.... and not one of them had a clue what the heck I was talking about!!!
One of them actually had the nerve to say to me that he didn't think it could be done. And when I sent him the MN Court Rules... his response was "oh, I guess it looks like you've done your investigation, good luck to you, I fear you may need it" ....AHHHH!!!!!!!!
Trying another attorney, but at this point... feeling like I'm chasing my tail! It's LEGAL in MN.... and POSSIBLE in MN... and it's IN the MN Court Rules.... but NO ONE in MN knows how the heck to DO IT!
Yup, its not your run of the mill request, most of the judgments get vacated due to fraud or falsification of service not because they have been satisfied. Might try a paralegal who knows how to type up the motion in legalese and file it yourself.