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Motion to Vacate Judgment Update

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Senior Contributor

Re: Motion to Vacate Judgment Update

Alabama follows the Civil Rules of Service (Federal) and they would have had to serve you personally or by certified mail.

if they did NOT serve you by that method, you can file a motion to vacate on the basis of improper service.

HOWEVER, if you did know that you were being sued (if the atty you corresponded with told you or wrote you of such), it may not work if they contest it. Do you think they would bother to contest it??

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Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!

Message 31 of 37
Regular Contributor

Re: Motion to Vacate Judgment Update

Don't know, The vehicle was repo'd in 2005, everyone got their money, so I would not think they would contest, since I am located about an hour-and-a-half north of their offices.
Just wish I would have found this board before I settled...

Thanks for all of your help!

H
Message 32 of 37
Frequent Contributor

Re: Motion to Vacate Judgment Update

I live in Washington state, and I'm worried about the collection agency that served me the papers since I still owe some things with them, but have to work month by month to pay everything in collections.  They were also once garnishing my wagesSmiley Sad
Message 33 of 37
Senior Contributor

Re: Motion to Vacate Judgment Update



@anca21bi wrote:
I live in Washington state, and I'm worried about the collection agency that served me the papers since I still owe some things with them, but have to work month by month to pay everything in collections.  They were also once garnishing my wagesSmiley Sad





I've not been able to find anything that states you can NOT file on your own behalf (AKA, without a lawyer). But I DID find this:

http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=60

Download the version/file format you need (Word format or PDF) of the Dismissal form, take it to the originating court (the one you were sued in -- if you don't file it in the right court, it won't get heard, or ruled on) and fill it out in front of the Clerk of the Court. They will more than likely need to notarize it or witness/sign it.

(NOTE: you may NEED to send/take the motion form to the plaintiff who sued you and ask them to submit it -- I can't tell!!!)

IF you can file (and don't have to rely on the other side filing for you), from there, more than likely, you'll be directed to serve the opposing party. Depending on the requirements of proper service (the same basis you're filing for), you may need to hire a process server or for mailing via certified mail. The CoC should be able to direct you on that.

I can't be sure, but it seems you may have to be prepared to pay approximately $200 in filing fees. I dunno. :/

~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*~*

Hubby's FICOs when we started: high 400s (June 2008)
Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
My FICOs: TU: 643, EQ: 606
Closed on new home: 1/20/2009 -- If we can do it, YOU can do it!!

Message 34 of 37
Contributor

Re: Motion to Vacate Judgment Update



Dre5025 wrote:


Donks3369 wrote:
Kids,
 
Just thinking positive, when I do get the motion to vacate the judgment granted, what will happen after that?  Does the judge do something to my copy showing the judgment has been satisfied or does he give me something completely different?  Please let me know as I want to be prepared for everything.  Thanks.


Yes the judge should either sign or stamp your certified copys and one for the court files. You send or fax your copies to the CRA's for deletion.


Donks:
 
Yes, like Dre said, you need to get the copies signed by the judge (which the judge should do if he approves your motion) and you get certified copies of the Motion from the Clerk of Court.  Be sure to go ahead and get at least three copies while you are at the courthouse.  Like I said in one of my other posts....one for you, an extra for you (just in case) and a copy to keep at Mom's or safety deposit box or somewhere other than your residence.  The certified copies are not that expensive.  It's basically a Xerox copy with the Clerk of Court's stamp attesting to the fact that it is a certified copy of the original document.
Just hang in there, if you get nervous you can always start a new thread or pm me if you like.
__________________________________________________________
"Many people who order their lives rightly in all other ways are kept in poverty by their lack of gratitude." Wallace Wattles
Message 35 of 37
Contributor

Re: Motion to Vacate Judgment Update



@Wonderin wrote:


@anca21bi wrote:
I've been reading the past forums and wanted to know your input.
 
I called my local courthouse about getting information about a Motion to Vacate a judgement I paid off last year this was a total of $587, and the lady thought I was crazy. She said I wouldn't be able to do such without a lawyer.  She said I would have to tell or send the collection agency a letter (probably a PFD) to get it removed.
Is all this true? 





Smiley Sad

Chances are, that means you do not live in a "Self-help" friendly state. Not all states will allow you to file motions on your own behalf in non-small claims court matters.

What state are you in?? I can see what I can find!

A lot of Clerk of Court offices are reluctant to help individuals file their own motions/pleadings etc.  Most are so used to dealing with attorneys that IMO they believe individuals are incompetent to represent themselves in court.  While this may be true in a lot of cases, a Motion to Vacate Judgment is a relatively simple pleading.  I have found that it is a lot easier to get assistance if you can visit your Clerk of Court in person.  Be as nice as you can, because the folks that work in the Clerk's office are in most cases extremely underpaid and definitely overworked.  If you appear in person and explain your situation (wanting to get your credit straightened out because you are trying to buy a house, etc...) most often they will bend over backwards to help you out.
 
One other thing to remember, we pay taxes which in turn pays their salaries.  If you get in a situation where the "clerk" or "deputy clerk" can not or will not assist you....you can always ask to speak with the Clerk of Court.  Also, sometimes a judge will have a "court adminstrator", that may be another alternative source of assistance.
__________________________________________________________
"Many people who order their lives rightly in all other ways are kept in poverty by their lack of gratitude." Wallace Wattles
Message 36 of 37
Highlighted
Contributor

Re: Motion to Vacate Judgment Update



HinH wrote:
Don't know, The vehicle was repo'd in 2005, everyone got their money, so I would not think they would contest, since I am located about an hour-and-a-half north of their offices.
Just wish I would have found this board before I settled...

Thanks for all of your help!

H

In all probability they would not contest it.  It's worth a shot.  Even if they do contest it the decision remains with the judge to grant the Motion to Vacate.
 
I would give it a shot, especially since everyone received their money.
__________________________________________________________
"Many people who order their lives rightly in all other ways are kept in poverty by their lack of gratitude." Wallace Wattles
Message 37 of 37
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