judgment question

[windyhair]

I have a judgment on my credit from CACH (BoA card) 2008 for $5000. They say I have $1800 left to pay on it, but my credit report says I have $800 left. I argued with them a while back about sending me their records about why they say I owe $1000 more than my credit report. After a month, they sent me a statement that makes no sense. I figure it out at $800 as well, according to that. About a week after that, they sent me an offer to settle for $1400. The biggest problem I have is that I was never actually informed of a court date. The date they got the judgment against me, I was blissfully unaware of it as I was in a different courtroom THE SAME EXACT DAY for my divorce!!!! I'd received other paperwork before that, just never court date information. So I guess my question is: what should I do about this? I'd love to be able to vacate it. I'm in North Carolina, btw, which, if I understand correctly, I can make a motion to vacate after it's satisfied. Thoughts? Advice? Thanks, y'all!

[Anonymous]

I am trying to get a judgment removed also and I am still doing research on this. From what I know, in most states you must file a notice to vacate w/in 30 days after the judgement has been issued. However, I have read that you can negotiate w/the plaintiff to file a voluntary non suit, basically dropping the jugement in exchange for payment. So kind of like a PFD. Hope that helps.

[RobertEG]

Obviously, you dont want to wait until after you have satisfied a judgment to motion to have it vacated if your basis is that the judgment itself was procedurally/legally flawed, such as for lack of proper service of notice to you of the proceedings. 

Vacating based on subsequent payment of the judgment amount is a separate basis that some courts will entertain, and others wont.  That is totally discretionary on the part of the court.  Lack of due process is not discretionary.

Go to the courthouse, get a copy of the court records, and take a peek at how they satisfied the court that you were properly served notice of the proceeding.  The trial would never have been held if a certification of proper notice to the defendant was not provided.  Maybe your state permits service of notice by way of publication.