topic Re: Vacating Judgement in Rebuilding Your Credit

Vacating Judgement

BearWebb85 — Tue, 28 May 2013 15:49:25 GMT

I have 2 satisfied judgements on my credit report. I was curious if anyone knew if you can have judgements vacated in the state of Missouri? Also, has anyone ever had success in GW removal of a paid CO?

Re: Vacating Judgement

DaBears — Tue, 28 May 2013 16:03:17 GMT

You need to call your local court house and see if it can be vacated.

Re: Vacating Judgement

qd — Thu, 06 Jun 2013 19:30:28 GMT

@BearWebb85 wrote:
I have 2 satisfied judgements on my credit report. I was curious if anyone knew if you can have judgements vacated in the state of Missouri? Also, has anyone ever had success in GW removal of a paid CO?

I just spoke with county clerk for Indiana where I have a paid judgment and she never heard of motion to vacate...suggested I send letter or release or something like that to CRA as proof that it was paid. I told her I didn't think proof of judgement satisfaction was not reason enough for CRA to remove it, but she didn't know what else to suggest. I guess every state is different.

Re: Vacating Judgement

Anonymous — Thu, 06 Jun 2013 20:12:42 GMT

Im in CA and having a similar issue. I have a paid $500 one that I want removed. But, I called the CA who stated they don't do deletes and I have left two messages for the attorney they hired. He won't call me back. Irritated......

Re: Vacating Judgement

Cheryla18 — Thu, 06 Jun 2013 21:31:18 GMT

@Anonymous wrote:
Im in CA and having a similar issue. I have a paid $500 one that I want removed. But, I called the CA who stated they don't do deletes and I have left two messages for the attorney they hired. He won't call me back. Irritated......

I would suggest sending a GW to the attorney. That is what I am about to do. I don't think phones calls are ever a really good idea....jmho... I'm in Kansas and yes i think every state is different.

Re: Vacating Judgement

creditfox2 — Fri, 07 Jun 2013 02:45:39 GMT

If you find out any information for the state of IN, please let me know. I live in IN and have a paid tax lien on my report that I would like to have removed.

Re: Vacating Judgement

diva_1515 — Fri, 07 Jun 2013 12:22:08 GMT

If you can't vacate the judgment can you seal your public records?

Re: Vacating Judgement

Anonymous — Fri, 07 Jun 2013 14:21:28 GMT

No. That is why they are called public records.

Re: Vacating Judgement

tonyjones — Wed, 17 Jul 2013 22:03:35 GMT

I'm in the same boat, I'm in California, I have a satisifed judgement from Asset Acceptance, how would I go about getting it vacated?

Re: Vacating Judgement

justrock — Wed, 17 Jul 2013 22:09:17 GMT

There's a difference between vacated and satisified. A Judgement would be vacated if it was unpaid and you moved the Court to reopen the lawsuit and either let you interpose an answer or stipulate a settlement with a payment arrangement. A satisfied judgment is one that's been paid and therefore not in dispute. States have different laws about how long a satisfied judgment stays on a credit report. An "open" judgmentf, one that's been granted but not paid, might give a little leverage to get it vacated. A paid judgment is a done deal. There is no benefit for any creditor or attorney to do legal work to get it removed from your credit report.

Re: Vacating Judgement

Anonymous — Wed, 17 Jul 2013 23:13:21 GMT

Many state laws allow for satisfied judgments to be vacated.

Re: Vacating Judgement

tonyjones — Wed, 17 Jul 2013 23:21:35 GMT

@Anonymous wrote:
Many state laws allow for satisfied judgments to be vacated.

Tell me California does??!?!??! please

Re: Vacating Judgement

Anonymous — Wed, 17 Jul 2013 23:34:31 GMT

@tonyjones wrote:
@Anonymous wrote:
Many state laws allow for satisfied judgments to be vacated.
Tell me California does??!?!??! please

I can't find anything in CA law saying a satisified judgment can be vacated

Re: Vacating Judgement

justrock — Thu, 18 Jul 2013 01:01:59 GMT

The states all have different rules. Here are some court rulings, one from Minnesota and one from Ohio, although I think what OP is trying to do is have the public record expunged. These rulings don't address that.

Minnesota courts, characterizing the issue as jurisdictional, have held that satisfaction of a judgment generally precludes a party from moving to vacate that judgment. See Dorso Trailer Sales, Inc. v. American Body & Trailer, Inc., 482 N.W.2d 771, 773 (Minn.1992).

The motion to vacate the judgment was properly denied on the ground that having been paid and satisfied, the judgment was extinguished, and that there was therefore nothing to vacate (see, H.D.I. Diamonds v Frederick Modell, Inc., 86 AD2d 561, appeal dismissed 56 N.Y.2d 645).

The one below is what I was getting at:

Where the trial court rendering judgment has jurisdiction of the subject matter of the action and of the parties, and where fraud has not intervened, and the judgment is voluntarily paid and satisfied, payment puts an end to the controversy and takes away from the defendant the right to appeal or prosecute error or even to move for vacation of judgment. In re Appropriation for Highway Purposes: Rauch v. Noble (1959), 169 Ohio St. 314, 316, quoting Lynch v. Lakewood City School Dist. Bd. of Edn. (1927), 116 Ohio St. 361.

Re: Vacating Judgement

Anonymous — Thu, 18 Jul 2013 01:21:29 GMT

@justrock wrote:
The states all have different rules. Here are some court rulings, one from Minnesota and one from Ohio, although I think what OP is trying to do is have the public record expunged. These rulings don't address that.

Minnesota courts, characterizing the issue as jurisdictional, have held that satisfaction of a judgment generally precludes a party from moving to vacate that judgment. See Dorso Trailer Sales, Inc. v. American Body & Trailer, Inc., 482 N.W.2d 771, 773 (Minn.1992).

The motion to vacate the judgment was properly denied on the ground that having been paid and satisfied, the judgment was extinguished, and that there was therefore nothing to vacate (see, H.D.I. Diamonds v Frederick Modell, Inc., 86 AD2d 561, appeal dismissed 56 N.Y.2d 645).

The one below is what I was getting at:

Where the trial court rendering judgment has jurisdiction of the subject matter of the action and of the parties, and where fraud has not intervened, and the judgment is voluntarily paid and satisfied, payment puts an end to the controversy and takes away from the defendant the right to appeal or prosecute error or even to move for vacation of judgment. In re Appropriation for Highway Purposes: Rauch v. Noble (1959), 169 Ohio St. 314, 316, quoting Lynch v. Lakewood City School Dist. Bd. of Edn. (1927), 116 Ohio St. 361.

There are still state statues that say a satisified judgment can be vacated.

There are also states that do not allow it. Those would be 2 of them.

Re: Vacating Judgement

justrock — Thu, 18 Jul 2013 02:33:20 GMT

Looks like Utah is a state where you can get a judgement vacated. There is another thread where someone just got that done.

Re: Vacating Judgement

tonyjones — Thu, 18 Jul 2013 02:33:28 GMT

@Anonymous wrote:
@tonyjones wrote:
@Anonymous wrote:
Many state laws allow for satisfied judgments to be vacated.
Tell me California does??!?!??! please
I can't find anything in CA law saying a satisified judgment can be vacated

Can anybody in Law chime in about California vacating a satisfied judgement?

Re: Vacating Judgement

Anonymous — Thu, 18 Jul 2013 02:41:52 GMT

IMO, I don't think it would hurt anything to write a type of GW letter to the judge. Others have done it with success.

Re: Vacating Judgement

tonyjones — Thu, 18 Jul 2013 03:02:41 GMT

@Anonymous wrote:
IMO, I don't think it would hurt anything to write a type of GW letter to the judge. Others have done it with success.

That's my plan, call the attorney first to see if they are willing to do it, if not go to the courts and see my option, then send letter to the judge.

Re: Vacating Judgement

Anonymous — Thu, 18 Jul 2013 04:55:50 GMT

Hi There. I can't really answer your question but I was wondering what did you do to increase your score so much in the last 3 months? Thanks.