topic Re: Steps to Vacate. I need HELP!!!! in Rebuilding Your Credit

Judgment set aside!!!! HAPPY :)

jcstarkey8826 — Wed, 18 Jul 2012 17:30:57 GMT

I have one huge blister on my CR. The rest is old, but I have a Judgement that was mailed to an old address last year (not certified) but its not required to be in my state.

Regardless, I have paid the debt. Im wondering if I have ANY options on getting it vacated. I really have no way of going back to the city it was filed in as I have moved from TX to MI.

Do I just have to let it be? Its the only recent derog, but from a 5 yr old CC CO, that is killing my score. I could breathe easy with it vacated, but not sure if I have ANY options at all.

What can I do?

Re: Steps to Vacate. I need HELP!!!!

jcstarkey8826 — Wed, 11 Jul 2012 13:21:38 GMT

I hate bumping, this is my first and last I promise.

I just need to know where to start? I heard if you file a motion to vacate they set a court date. If I could set the court date that would be fine, I could make plans to be there, but I cant fly south at the drop of a hat.

Whats my best course of action in hopes of removing this?

Re: Steps to Vacate. I need HELP!!!!

pizzadude — Wed, 11 Jul 2012 14:12:32 GMT

So this was a default judgement that you didn't find out about because they sent it to an old address ? Did you pay it ?

If the judgement is unpaid and you file a motion to vacate I would expect that you'd have to show up to court ( or your attorney ). It would be worth a call to an attorney in the area for a few quick questions.

Re: Steps to Vacate. I need HELP!!!!

rckstrscott — Wed, 11 Jul 2012 14:18:37 GMT

@pizzadude wrote:

So this was a default judgement that you didn't find out about because they sent it to an old address ? Did you pay it ?

If the judgement is unpaid and you file a motion to vacate I would expect that you'd have to show up to court ( or your attorney ). It would be worth a call to an attorney in the area for a few quick questions.

OP mentioned the debt is paid.. so I am unsure if the vacate is simple or not... I also don't think the notification issue can be used since its paid? I am unsure.. time for some RobertEG up on this thread haha

-scott

Re: Steps to Vacate. I need HELP!!!!

jcstarkey8826 — Wed, 11 Jul 2012 14:20:18 GMT

Right. I didnt even know I was being sued until I saw a Judgement on my CR. I immediatly paid it. I moved from TX to MI in december of 2010 and the judgement was filed in March. They mailed a letter to my old address, the one they have on file, but I never received it, however I believe my mother did (we are not on the best of terms and dont really speak) but am not sure.

Can I call just any attorney? Being new to this area is there a search I can perform. Ive never had to contact an attorney, so i just dont want to annoy someone with issues they dont handle... you know... like I do on these forums hahaha

thanks for your help thus far!

Re: Steps to Vacate. I need HELP!!!!

pizzadude — Wed, 11 Jul 2012 14:28:56 GMT

@jcstarkey8826 wrote:
Right. I didnt even know I was being sued until I saw a Judgement on my CR. I immediatly paid it. I moved from TX to MI in december of 2010 and the judgement was filed in March. They mailed a letter to my old address, the one they have on file, but I never received it, however I believe my mother did (we are not on the best of terms and dont really speak) but am not sure.

Can I call just any attorney? Being new to this area is there a search I can perform. Ive never had to contact an attorney, so i just dont want to annoy someone with issues they dont handle... you know... like I do on these forums hahaha

thanks for your help thus far!

Sorry, my bad ~ I missed the part where you mentioned that it was paid.

I believe that each court/jurisdiction will have its own guidelines regarding when a judgement can be vacated; usually it requires something like improper service, or even the plaintiff filing the motion.

Have you considered asking the plaintiff if they would file the motion ? You could offer to pay their costs/court fees.

Re: Steps to Vacate. I need HELP!!!!

jcstarkey8826 — Wed, 11 Jul 2012 14:35:50 GMT

do i contact the OC or their attorney about having them file the motion. is that illegal for them to do so if they legally did what they were supposed to. I dont believe they should have to remove it, everything was legal, im just hoping I have a chance at getting it removed if i can talk to someone about it. i would gladly pay the fees. I just dont know who to contact and offer/request these actions.

Re: Steps to Vacate. I need HELP!!!!

pizzadude — Wed, 11 Jul 2012 15:56:25 GMT

@jcstarkey8826 wrote:
do i contact the OC or their attorney about having them file the motion. is that illegal for them to do so if they legally did what they were supposed to. I dont believe they should have to remove it, everything was legal, im just hoping I have a chance at getting it removed if i can talk to someone about it. i would gladly pay the fees. I just dont know who to contact and offer/request these actions.

I'd start with the the attorney who filed the lawsuit that lead to the judgement against you.

Re: Steps to Vacate. I need HELP!!!!

jcstarkey8826 — Wed, 11 Jul 2012 16:26:28 GMT

how would I find that information out? sorry for so many questions... Can I contact the courthouse number on my CR and get it from them?

Re: Steps to Vacate. I need HELP!!!!

pizzadude — Wed, 11 Jul 2012 16:28:09 GMT

@jcstarkey8826 wrote:
how would I find that information out? sorry for so many questions... Can I contact the courthouse number on my CR and get it from them?

If you don't have any of the paperwork from the lawsuit and/or judgement then you can get it from the courthouse.

Re: Steps to Vacate. I need HELP!!!!

jcstarkey8826 — Wed, 11 Jul 2012 16:30:09 GMT

great I'll start by calling them and seeing what I can get. Hopefully they can fax me a vacate form or mail it to me.

Re: Steps to Vacate. I need HELP!!!!

jcstarkey8826 — Wed, 11 Jul 2012 17:11:14 GMT

UPDATE

I looked up their website and found contact email for the municipal judge. I emailed her a letter explaining the situation and asking for her guidance on the best option I have going forward.

Will post back if this is any help.

Update: Steps to Vacate. I need HELP!!!!

jcstarkey8826 — Thu, 12 Jul 2012 17:00:07 GMT

Second update:

No word back from the Judge yet. In the meantime Ive contacted the courthouse and got the attorneys information. When I called the number, I was sent to a collection agent, generic cubicle clown Im sure, that had no idea what vacating was and kept puting me on hold to talk to the "office manager". Then I asked for the attorneys contact phone, email, and/or fax information. She refused to provide it, and tried to send me back to discover saying they dont report to the CRAs that discover is reporting the Judgement. To which I stated discover said the courthouse reported the judgement and It would need to be vacated through them to be removed. I got frustrated with this woman and she said to call in a couple of days, but not to expect anything.

So I looked the attorneys email online and sent him the information today requesting his assistance in vacating the judgement and explained the situation as to how it got to that point with me being unaware.

Cross your fingers I get some type answer regarding this.

If anyone knows of additional steps I can be taking let me know!

Re: Update: Steps to Vacate. I need HELP!!!!

pizzadude — Thu, 12 Jul 2012 20:35:45 GMT

I think you've done everything that can be done at this point. I wouldn't expect the CA to be helpful regarding vacating the judgement...contacting the attorney is the right step. Good luck !

Re: Update: Steps to Vacate. I need HELP!!!!

jcstarkey8826 — Tue, 17 Jul 2012 13:29:30 GMT

Update:

I emailed back and forth with the attorney this week and last. explaining why I needed it removed and offering to pay for any costs. I got an email saying that the judgment will be "set aside", and he hopes this helps with my mortgage process.

What is "set aside" mean to my credit?

Re: Update: Steps to Vacate. I need HELP!!!!

pizzadude — Tue, 17 Jul 2012 14:38:51 GMT

@jcstarkey8826 wrote:
Update:

I emailed back and forth with the attorney this week and last. explaining why I needed it removed and offering to pay for any costs. I got an email saying that the judgment will be "set aside", and he hopes this helps with my mortgage process.

What is "set aside" mean to my credit?

Maybe he is telling you that he will file the motion to vacate ?? Did he mention a time frame or anything else ?

Re: Update: Steps to Vacate. I need HELP!!!!

jcstarkey8826 — Tue, 17 Jul 2012 16:37:59 GMT

nothing else was mentioned. he said he was setting aside the judgment and sending it to the court that day. havent heard back since.

Im going to call the court next week and check on the status. If he did vacate, how do I get the reporting deleted?

Re: Update: Steps to Vacate. I need HELP!!!!

pizzadude — Tue, 17 Jul 2012 16:48:45 GMT

@jcstarkey8826 wrote:
nothing else was mentioned. he said he was setting aside the judgment and sending it to the court that day. havent heard back since.

Im going to call the court next week and check on the status. If he did vacate, how do I get the reporting deleted?

Ok, it sounds to me like he is going to file a motion to vacate the judgement. Assuming that is what he is doing, the judge will have to approve and sign it. I would expect the court to send a copy to you, if they have your address. You should be able to call the court to get the status of the motion to vacate.

Once you have a copy of the order vacating the judgement then I believe you should be able to send it to the CRAs to get the judgement off your reports.

Re: Update: Steps to Vacate. I need HELP!!!!

jcstarkey8826 — Tue, 17 Jul 2012 17:45:12 GMT

Wow, I sure hope that is what he is doing!!! I emailed the judge as well last week, no response. No problem, Im sure he's busy. I was just annoyed they told me to type up something "legal looking" and send in saying I wanted to vacate. That doesnt sound legal at ALL! and I didnt know how to file it because they said they didnt have forms or do that.

Hopefully this will happen and end my frustration.

Re: UPDATE: Steps to Vacate. I need HELP!!!!

Anonymous — Tue, 17 Jul 2012 22:38:46 GMT

I recently went through this same thing, and like you did not have any kind of motion filed so I had no idea it had escalated to a judgment.

Ideally, you would have requested the Order to Vacate Judgment, or Order to Set Aside Judgment, when you paid it off. But you can still try. I don't think you'll need to go to the expense of hiring an attorney...I didn't. LIkewise, it doesn't matter if you're not in the same state. I worked through the attorney for the collection agency.

On the summons or judgment, it should have the name of the attorney that filed the claim against you. Start there. Call them up (or email them, so you can get it in writing) and tell them you want to request an order to set aside/vacate judgment be filed on your behalf. If you don't have the paperwork anymore, your credit report will have the case number as well as the court the judgment was filed in. The attorney will usually charge you for this...I had to pay $100, but obviously it was worth every penny. Make sure they understand that you want a SET ASIDE/VACATE judgement form and NOT a "Satisfied Judgment" form.

If they agree, and I honestly don't know why they wouldn't since they have your money and you're paying for the service, then they'll file it with the court within a few days. Then, the judge has to sign the order and you will pick it up (takes a couple weeks or up to a month depending on how on top of it the attorney's office is) or have them mail you a certified copy. Then, make copies and send them to the credit reporting agencies.

Good luck, this is what I did and it worked out just fine. Let me know if you have any more questions and I'll be happy to answer them.

**I just read through the entire thread...sorry, you had already done all of this! Yes, to answer your quesiton, the judgment he is filing is going to completely ERASE it from your credit. Congrats!!!***