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I was told I cannot Vacate a Judgment because of Proper Service being over 180 days

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Anonymous
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I was told I cannot Vacate a Judgment because of Proper Service being over 180 days

I was properly served on 11/06. I lost the summons and did not think much about it as the plaintiff was not familiar to me and I knew I have never dealt with them.
I thought I got it, but now things are getting dimmer and dimmer.

All 3 CRS erased the judgment in my report. However can this judgment haunt me?

A month ago, I got a letter/form from same people showing I owe them interest. By now, I am more savvy on finding things on the internet. I found out that there was a judgment filed against me, I went to court and got copies of the info. I know that they filed the suit with no proper documentation as the bought it from my Original Creditor and I am almost certain they filed it after the Statue of Limitation Expired.

I have consulted with Prepaid Legal (this maybe another subscription that will prove to be a waste so I will cancel this one soon).

The legal counsel told me to just negotiate as there is no point trying to vacate this judgment even if the Statue of Limitation has been violated as I only have 180 days from the judgment day to have it vacated.

Is there any other law out there to protect someone like me? Is this it then I am stuck with paying $16k FOR A DEBT OF ONLY $4k to begin with?

I don't want to file Chapter 13, especially a Chapter 7.

Can someone help me?
Message 1 of 6
5 REPLIES 5
Anonymous
Not applicable

Re: I was told I cannot Vacate a Judgment because of Proper Service being over 180 days

I have no helpful answer's but, I'll bump this up for you.
Message 2 of 6
Anonymous
Not applicable

Re: I was told I cannot Vacate a Judgment because of Proper Service being over 180 days


@Anonymous wrote:
The legal counsel told me to just negotiate as there is no point trying to vacate this judgment even if the Statue of Limitation has been violated as I only have 180 days from the judgment day to have it vacated.




I'm interested in this also.
Message 3 of 6
happy0510
Established Contributor

Re: I was told I cannot Vacate a Judgment because of Proper Service being over 180 days

Hi Christina...I have the SAME problem!! It seems nobody can help? 4k vs 16k?? That is outta control...there has to be something!!

Starting Score: 615
Current Score: 709
Goal Score: 750


Take the FICO Fitness Challenge
Message 4 of 6
Anonymous
Not applicable

Re: I was told I cannot Vacate a Judgment because of Proper Service being over 180 days

This is more in the terms of me being so afraid that they can actually seize my account, etc. I am now thorn between trying to vacate the judgment despite of the statue of STUPIDLATION. The judgments was taken off my credit report, but the judgment is still on file. I don't want to live underground for the next 18 years. I want to be a normal citizen before I die.

I am afraid that if I try to vacate this judgment, and knowing I cannot pay it soon enough, that they might put the judgment back in my CR.

If I don't do anything then I am a sitting duck. I found out on other websites that the CA who bought my account is one of those junk debt buyer.

I will post whatever it is I decide to do. I hope someone who had luck on this will post as well.

Someone in this site said to just try to vacate it and say that you were not served properly even if you were as he had luck doing so on 3 of his judgments.

I am afraid to lie in court. I am still hoping there is a legal way to overcome this. This is so unfair.
Message 5 of 6
Anonymous
Not applicable

Re: I was told I cannot Vacate a Judgment because of Proper Service being over 180 days

This is the thread I read and it gave me a lot of insights.

I don't know how to link it, but I was thinking you can just search and find it.


Heading to the courthouse tommorrow to vacate judgement
Message 6 of 6
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