topic Re: Basis for vacating judgement in Rebuilding Your Credit

Basis for vacating judgement

guykara — Mon, 28 Oct 2013 12:44:37 GMT

Hi everyone,

I have a judgement from 2009 over a contractual dispute where both parties sued eachother. After losing the case, I paid the amount that I owed. Unfortunately the plaintiff never made the court aware that it was satisfied, so the public record has been sitting on my account as "Pending". Since I live ~2.5 hrs away from the court where this was taken care of, I called to ask if I can have both my motion for judgement to be marked satisfied as well as a motion to vacate judgement on the same day. They said this would be no problem. This is great but I don't know what my basis is to have the judgement be vacated. Can anyone help with this? PS. I'm from VA.

Re: Basis for vacating judgement

guykara — Mon, 28 Oct 2013 12:52:04 GMT

Also... I believe the term in VA is "motion to set aside judgement"...not motion to vacate judgement.

Thanks!

Re: Basis for vacating judgement

Anonymous — Wed, 30 Oct 2013 04:36:26 GMT

Since the debt has been satisfied, you are requesting that the courts record be updated to reflect the correct status.

Re: Basis for vacating judgement

guykara — Thu, 08 May 2014 21:09:51 GMT

Bump..

I still have not been able to get this judgement marked as satisfied. Does anyone know if I have any basis to have this judgement "set aside". It's been almost 6 years that it's been reporting incorrectly. Would love to get this resolved.

Thanks,

Re: Basis for vacating judgement

gdale6 — Thu, 08 May 2014 23:03:45 GMT

@guykara wrote:
Bump..

I still have not been able to get this judgement marked as satisfied. Does anyone know if I have any basis to have this judgement "set aside". It's been almost 6 years that it's been reporting incorrectly. Would love to get this resolved.

Thanks,

The plaintiff has to file the satisfaction of judgment, it is against the law not to. I would be contacting the court indicating that you have proof of payment and you want this taken care of even if it means issuing a warrant for the arrest of the plaintiff. It may be time to hire legal counsel to get this done.

Re: Basis for vacating judgement

guykara — Fri, 09 May 2014 00:06:33 GMT

I've talked to the court. They told me I need to send a letter to the plaintiff certified return receipt, giving them a certain amount of time to do it. If they don't do it within that time, then I can file a motion for judgement to be marked satisfied. This is great for when a mortgage lender looks at my report, it would be even better to have this totally removed. I just don't know if that's possible, though.

Re: Basis for vacating judgement

superdad — Fri, 09 May 2014 00:51:49 GMT

DO NOT DO ANYTHING!!! Contact an Atty ASAP. DO NOT CONTACT the plaintiff on your own. I paid a 4k judgement and the plaintiff never contacted the courts. This went on for 5 years before i noticed it on my CR.

I did everything you did but i read the laws of my state. I contacted a lawyer and was able to issue a warrent for the plaintiff. That got their attention. I ended up having it removed from my CR because of the plaintiff negligence. They have a time period to notify the courts on a judgement that has been paid. If they dont they can get in to A LOT of trouble.

CALL A LAWTER NOW!!!

Re: Basis for vacating judgement

guykara — Fri, 09 May 2014 13:07:22 GMT

Thank you for this information. If you don't mind me asking, what state do you live in?

Thanks!

Re: Basis for vacating judgement

superdad — Fri, 09 May 2014 13:46:43 GMT

I am in Nebraska

Re: Basis for vacating judgement

guykara — Fri, 09 May 2014 13:55:58 GMT

Ok cool. I called an attorney, should be getting a call back around 2. I hope there's some sort of basis for vacating it. From everything I read online, I don't see one, but your positive experience gives me hope!

Re: Basis for vacating judgement

sisco — Fri, 09 May 2014 21:01:32 GMT

Hey superdad,

Do you mean to tell me that a plaintiff is given instructions once a judgement is paid that they are to validate it with the courts (which will then remove it from the defendant's credit report)? Several years ago, in the presence of the judge, I handed full payment to the plaintiff who sued me for erroneous labor charges (long story) . I felt intimidated that this went to the court and in front of a judge so I brought a check just in case the judge didn't side with me -- which was the outcome. The plaintiff and I almost duked it out in court but in the end the judge sided with the plaintiff. Since then I went to the courts with proof of payment (canceled check) to have my credit report reflect that it was satisfied. The plaintiff never did this and if it wasn't for this wonderful forum I wouldn't have known that I could do it due to the negligence of the plaintiff. Since the plaintiff is a hostile individual my luck of getting this off my reports would require an attorney. What type of attorney should be hired for this?

Re: Basis for vacating judgement

guykara — Fri, 09 May 2014 21:18:25 GMT

I talked to an attorney today. He told me without cooperation with the plaintiff, there is no way for this to happen. Since I'm aiming to purchase a house, my goal will be to make sure this gets reported as satisfied, rather than removed. I just don't think it'll be removed.

Re: Basis for vacating judgement

Teardrop — Fri, 09 May 2014 21:58:53 GMT

Do you have proof of payment? Can that be sent to the courts for them to say it has been decided based on the judgement was issued? Since the lawyer states he can't do anything I would send the certified mail letter and then try contacting the plantiff again. Also if you are wanting to buy a house, perhaps 2.5 hours isn't so far to drive.

btw i live in VA