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@maxdro2004 wrote:
I will go to clerk of court and find out attorney...so I should not contact collection agency about this ?
Will they find out that the debt is paid through the attorney?
CA's won't help you do anything. The balls in your court to file a motion to vacate.
ah ok. Key is having the documentation and knowing what you are doing. In NY where I am, they only vacate if there is cause...someone made error or service was bad and your order to show cause is filed timely not 5 years later.
Yes forget collection agency, they are out of this process. Listen to what Donny said.
@wa3more wrote:ah ok. Key is having the documentation and knowing what you are doing. In NY where I am, they only vacate if there is cause...someone made error or service was bad and your order to show cause is filed timely not 5 years later.
Yes forget collection agency, they are out of this process. Listen to what Donny said.
When I said "knowing what your doing" simply means do your homework on what the proper procedures and laws are within your state to proceed . When I said "having your documentation" simply means have everything you can possibly gather to back up your case.
Is this a better understanding for you?
What Donny says here is critical for everyone who will get involved with the courts.. Each state has it's own process/procedures and forms.
The courts will not notify anyone. The collection agency is out of this. They turned over to attorney who got judgment. Just worry about getting the judgment settled/satisfied.
Update: I actually have two judgements on my report .Did not mention it because I thought the advice o get here will apply to both. But of course it's not that simple. I talked to a law firm about one of the judgements and them agreed to vacate upon payment. I am waiting on letter from them with that agreement.
On the other judgement I contacted the firm and they said they have closed the file/case? And I would have to deal with the collection agency. The actual attorney who filed the judgement against me is no longer at the firm. I am hoping I can get more advice here before contacting the CA.
I have been looking for a local attorney that handle this kind of case just to go get some paid advice from a expert but haven't had much luck.
Thanks
@maxdro2004 wrote:Update: I actually have two judgements on my report .Did not mention it because I thought the advice o get here will apply to both. But of course it's not that simple. I talked to a law firm about one of the judgements and them agreed to vacate upon payment. I am waiting on letter from them with that agreement.
On the other judgement I contacted the firm and they said they have closed the file/case? And I would have to deal with the collection agency. The actual attorney who filed the judgement against me is no longer at the firm. I am hoping I can get more advice here before contacting the CA.
I have been looking for a local attorney that handle this kind of case just to go get some paid advice from a expert but haven't had much luck.
Thanks
I personally would contact the CA and ask if they have new council because their former council claims they closed the file and was told by them to contact the CA. Which is not uncommon.
You can't make things worse by contacting them. As they already have a judgement.
I would pay the judgement, get proof that it was settled/paid. Wait until the court updates to satisfied. Then file a motion to vacate, you will have to notify the CA in writing. Show up for the motion hearing. The CA most likely won't bother spending the money to show up because they got their money. In which case will most likely be vacated. If they do show up just explain to the court the importance to move on in life is to beg the court to vacate as its paid.
Disclaimer: Every state has different rules and laws regarding vacating judgements. I'm not promising this will work or that your state will even grant a motion.
Keep us updated.
you dont need a lawyer, follow what Donny said.
Contact CA/Lawyer.
Get everything in writing.
Do not mention number first, ask them what lump sum will it take to settle.
Then you offer lower amount.
No payment plans.