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motion to set aside or vacate judgment.

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fireguy01
Member

motion to set aside or vacate judgment.

Need help on this. If you have done this, please advise. 

 

The debt was owned by midland funding llc. 

They filed with the court , and were awarded the judgment. 

I paid the debt off 100%

They sold the account before It was paid off to Jefferson Capital. 

 

I want to vacate this judgment. 

My understanding is that I have to serve a copy of my motion to the plantiff in the case. I.E. Midland funding LLC.

 

I contacted them today. They refuse to offer a phone number or address to serve the paperwork. They keep telling me the account and judgment were sold to Jefferson, therefore I have to serve jefferson, not midland. 

 

Any input would be great. 

11/2013
TU FICO:610 Ex FICO:630 EQ: FICO 612
CK FAKO: 591 CS FAKO: 629
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newmomnewme
Valued Contributor

Re: motion to set aside or vacate judgment.

First things first. Get a copy of the judgment abstract from the court. Then, use the plaintiff information from the abstract for your motion form. Their name and address will be on the abstract. Midland is brutal, don't talk to them on the phone if you don't have to. Best of luck!!! Keep us posted.

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newmomnewme
Valued Contributor

Re: motion to set aside or vacate judgment.

The judgment abstract should also say if it has been satisfied or not. Make sure you have proof of payment to Jefferson or whoever....they might be trying to double-dip.

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fireguy01
Member

Re: motion to set aside or vacate judgment.

It shows on my credit report as satisfied. Also, I called the court, who looked it up, and said it is satisfied. 

 

I just dont get why midland is telling me I have to serve jefferson, whey midland is the original plantiff. 

 

I dont care who holds it now. Its paid off, and the judgment was filed by midland. 

11/2013
TU FICO:610 Ex FICO:630 EQ: FICO 612
CK FAKO: 591 CS FAKO: 629
CapOne Plat 300 Target store 300 Kohls 300 Walmart 600 Amazon Visa 500 Victoria Secret 250 Barclays NFL 500 Kays 1000 J.B Robinson 1000 Speedway Rewards store 400
Message 4 of 5
newmomnewme
Valued Contributor

Re: motion to set aside or vacate judgment.

If Midland is the plaintiff, you serve Midland....use the address on the judgment abstract and if they don't show up, you will probably win!! Don't forget to send it certified.

012019 Fico8/Mortgage Score:
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