Who to send a Motion To Vacate to?

[sharriel]

I have satisfied my judgment and now I would like to proceed with a Motion To Vacate.  I found the form online and have filled it out.  DO I send it to the court, the lawyer handling the case or Portfolio?

TIA!

[DaBears]

MOV are sent to the CRA's. The state you live in, do they allow removal of the satisfied judgement? 

[sharriel]

Yes, I am in NC where it is allowed due to satisfaction of judgment.

I have this filled out so I just send it to the CRA's?  I thought a judge or the attorney had to agree to it

[sharriel]

The attorney that is handling this has no idea what a Motion To Vacate by the way

[sharriel]

Also, having a little trouble filling out this form by myself:

FORM

[DaBears]

Let me read up on how NC vacates satisfied tax . Looks like either you have to have the judge vacate it for you since the attorney has no idea what a motion to vacate is.

[newmomnewme]

In VA, you have to file the motion in court. Go to court, get a date, send the motion to the plaintiff listed on your judgement....and wait for the court date. 

Did you contact the attorney ahead of time to let them know you would be filing a motion to vacate? Did you contact the Original creditor? 

I would contact the attorney or OC before filing the motion...you want to have the best chances that they will agree to it. 

[RobertEG]

The court issued the judgment and is the only party who can vacate their judgment.

It goes to the court.

[guiness56]

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@DaBears wrote:

MOV are sent to the CRA's. The state you live in, do they allow removal of the satisfied judgement? 

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Not an MOV a motion to vacate.  Two different things.

[ktl72455]

Not to hijack this thread but I have a question alng these same lines and could use some input:

Basis to vacate is: I was not properly served.

was sued by Cap1 in...Arkansas.... for 2 accounts after finding it on my CR, I contacted the attorney handleing it. Got a response I was not impressed with on how it was being handled. I contacted Cap 1 and have a letter in writting from them saying after I sent funds to the Attorney for both accounts, they would considered it paid in full and would have the attorney file a motion to vacate with the courts and to please allow 60-90 days. That was back in March of 2013.

I paid, got a letter from attorney saying accounts were paid and satisfied. Thats it, nothing has been done, one account shows up as satisfied on my CR and the other dont.

I have since moved back to MI.

How do I hande this? Contact Cap1? or the Court here in MI or send something to the court in Arkansas? If Arkansas, will I have to go there for a court date?

Thanks in advance, this one has me stumped.