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Judgment VACATED!!! ***why wont they delete it!!!?***

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BrandonSS
Frequent Contributor

Re: Judgment VACATED!!! How to get it updated?

I have no clue, maybe O6 can help.  My form looked nothing like that.  Mine was a "Verified Motion to Set Aside Default Judgment".  It had a place to where I wrote a paragraph then signed my address and signature then below it had all the courts information where the judge would sign it and grant or deny the motion with results.

 

They likely vary from court to court, state to state, etc. Smiley Sad

3/2010 - EX 555 (FAKO) EQ 542 TU 548
GOAL: 680+
Goal exceeded! - EQ - 712 TU - 701
2/2015 - 750+ across the board!
Message 11 of 57
ABattle
Regular Contributor

Re: Judgment VACATED!!! How to get it updated?

This form just says "Motion To Set Aside Default Judgement".

Message 12 of 57
BrandonSS
Frequent Contributor

Re: Judgment VACATED!!! How to get it updated?

Again, im sure the form varies by state.  PM O6 if he doesnt respond soon.

3/2010 - EX 555 (FAKO) EQ 542 TU 548
GOAL: 680+
Goal exceeded! - EQ - 712 TU - 701
2/2015 - 750+ across the board!
Message 13 of 57
Anonymous
Not applicable

Re: Judgment VACATED!!! How to get it updated?


@ABattle wrote:

BrandonSS or O6 Can you guys help me out here?  I found the form just now online but I'm not sure what box to check for the reason.  I have a paid judgement for BOA where my check was garnished.  Now, while it is paid & the debt was valid I wasn't served & didn't know about this until my check was garnished.  The garnishment was sent to an old address.  Never the less it is paid & I would like it removed as it is the only public record I have.

 

Where it says: "I, the undersigned, move this court to set aside the default judgement in the civil case numbered ____ for

 

_ a fraud on the court.  It has been two years or less since the date of the judgement or decree

_ a void judgement

_ an accord and satisfaction (attach proof)

 

Which one do I choose?  Should I go for the I wasnt served approach or this isn't an accurate representation of my credit worthiness now & is impacting my ability to obtain credit.

 

I appreciate your help!!Smiley Wink


First, the "accurate representation of creditworthiness" is a non-starter.  The courts will not usually care about that as it is not legal grounds to set aside a judgment.

 

If you believe you were not served, then that is what you would use.  Failure to obtain service basically means the court had no jurisdiction in the first place and is one of the more common grounds to have a judgment vacated.

 

The three options you have listed are the ONLY options available?  Below those three options isn't there a part for other possible grounds?  If there is not, I would go with "fraud" since you are claiming that they never served you and the judgment creditor's claims that they did could mean sewer service was involved -- a type of fraud.

Message 14 of 57
BrandonSS
Frequent Contributor

Re: Judgment VACATED!!! How to get it updated?

Well its been a few days and still no deletes from any of the CRAs Smiley Sad 

 

Still worried about my score going down once this deletes... *fingers crossed*

 

Oh and O6, if EQ wont delete it I'll PM you.

3/2010 - EX 555 (FAKO) EQ 542 TU 548
GOAL: 680+
Goal exceeded! - EQ - 712 TU - 701
2/2015 - 750+ across the board!
Message 15 of 57
MarineVietVet
Moderator Emeritus

Re: Judgment VACATED!!! How to get it updated?

 


@BrandonSS wrote:

Well its been a few days and still no deletes from any of the CRAs Smiley Sad 

 

Still worried about my score going down once this deletes... *fingers crossed*

 

Oh and O6, if EQ wont delete it I'll PM you.


 

I understand your concern but IMHO your main focus should be in first getting all derogatories removed. With a clean record you can move forward faster. What this does to your scores short term should be secondary.

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

Message 16 of 57
BrandonSS
Frequent Contributor

Re: Judgment VACATED!!! How to get it updated?

I agree but in the short sight I am looking for a new car and looking to partially finance an engagement ring.  If the scores drop its going to severly hurt my chances at either Smiley Sad  Hopefully I dont see a drop though and I wont have to worry about it! That is if they all delete it.  I faxed over the papers and filed the disputes Monday, so we will see.

3/2010 - EX 555 (FAKO) EQ 542 TU 548
GOAL: 680+
Goal exceeded! - EQ - 712 TU - 701
2/2015 - 750+ across the board!
Message 17 of 57
MarineVietVet
Moderator Emeritus

Re: Judgment VACATED!!! How to get it updated?

 


@BrandonSS wrote:

I agree but in the short sight I am looking for a new car and looking to partially finance an engagement ring.  If the scores drop its going to severly hurt my chances at either Smiley Sad  Hopefully I dont see a drop though and I wont have to worry about it! That is if they all delete it.  I faxed over the papers and filed the disputes Monday, so we will see.


Now it becomes more clear. The car can always be put off but the engagement ring? I see your point.  Smiley Wink

 

 

 

 

From a BK years ago to:
EX - 9/09 pulled by lender 802, EQ - 10/10-813, TU - 10/10-774

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

Message 18 of 57
BrandonSS
Frequent Contributor

Re: Judgment VACATED!!! How to get it updated?

Smiley Happy Yes, keeping the misses happy is the priority... my toy/new auto can come whenever, but obviously I want it now. 

 

I'm so impatient when it comes to these updates (as you know haha) but when compared to past disputes, I cant believe this one hasnt been updated by any of the CRAs.  Disputed and faxed my granted motion on Monday and still 0-3 on getting it removed.  *sigh*.  I jumped out of bed Wed night around 4am because my email alert came through on my phone for FCS.com... it was just a new address posted to my TU Smiley Sad dang it!  (they had my old address on there for the last year or so so I asked them to update when i called about the dispute to update my judgment)

 

*twiddling thumbs*

 

Smiley Sad and yes... I already got impatient and bought a TU report yesterday... still nothing.  I should have known better haha Smiley Very Happy

3/2010 - EX 555 (FAKO) EQ 542 TU 548
GOAL: 680+
Goal exceeded! - EQ - 712 TU - 701
2/2015 - 750+ across the board!
Message 19 of 57
Anonymous
Not applicable

Re: Judgment VACATED!!! How to get it updated?

You have to send each CRA a notorized copy of the court order setting aside the judgement.  Anytime you send a CRA something about a TL, it is considered a dispute.  You also need to make sure the the order has been properly recorded at the courthouse.  Sometime, it can take a few weeks before the court records catch up. 

 

As far as what form to use; go to your court clerk or maybe a court assistance office.  They should have the correct forms and instructions you need for the court you are filing your motion in.  Do NOT just use a random form from the internet.  Judges like to see things on the forms they are used to.  It may help to hire an attorney to prepare the documents for you.

Message 20 of 57
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