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Motion to Vacate Judgment Update

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Motion to Vacate Judgment Update

Well, I went down to the courthouse to file a motion to vacate a judgment.  I now have a hearing scheduled for middle of August.  The crazy thing is that there was no filing fee.  I live in Nebraska, I wonder if any other states operate like this.  Lets just hope the rest of it goes smoothly.  Thanks for everyones help so far.
Message 1 of 37
36 REPLIES 36
Established Member

Re: Motion to Vacate Judgment Update

Kool, I live in IL and I had no filing fees as well. Good luck. Don't worry you'll be fine. When did they schedule you for?
5-27-2008 TU- 542 EX- 606 EQ- 587 ($400 unsecured credit)
Still working on it.....
8-28-2008 TU- 673 EX- 639 EQ- 621 ($5500 unsecured credit)
Message 2 of 37
Established Contributor

Re: Motion to Vacate Judgment Update

I have a hearing scheduled for August 14th.  They said that I needed to send a copy of the summons to the plantiff.  I asked if it had to be done professionally or by CMRRR, they said that I signed an affidavit saying I would mail it, so all I had to do was put a stamp on it and send it on it's way.
Message 3 of 37
Established Contributor

Re: Motion to Vacate Judgment Update

I was expecting to pay a couple hundred to try and get it off my report.  If all it takes is $1.25 for a certified copy of the satisfaction of judgment, then I will be excited.
Message 4 of 37
Established Member

Re: Motion to Vacate Judgment Update



Donks3369 wrote:
I was expecting to pay a couple hundred to try and get it off my report.  If all it takes is $1.25 for a certified copy of the satisfaction of judgment, then I will be excited.


::laughs:: I paid less than that. Nothing! I got my copies stamped from the judge herself and disputed with the CRA's. Make sure you fax the info to TU showing vacated or they will just update as paid.
5-27-2008 TU- 542 EX- 606 EQ- 587 ($400 unsecured credit)
Still working on it.....
8-28-2008 TU- 673 EX- 639 EQ- 621 ($5500 unsecured credit)
Message 5 of 37
Established Contributor

Re: Motion to Vacate Judgment Update

So if everything goes as planned and the judge rules in my favor....for whatever reason...what will they give me?  What do I need to do with it?  Please let me know what happened in your situation.  Thanks.
Message 6 of 37
Contributor

Re: Motion to Vacate Judgment Update



Donks3369 wrote:
Well, I went down to the courthouse to file a motion to vacate a judgment.  I now have a hearing scheduled for middle of August.  The crazy thing is that there was no filing fee.  I live in Nebraska, I wonder if any other states operate like this.  Lets just hope the rest of it goes smoothly.  Thanks for everyones help so far.


You go....boyfriend.....I am so glad you went down there and took care of this.  Don't you feel so much better already.
 
Listen, I stand by what I said the "plaintiff" and or the "plaintiff's attorney" is going to look pretty silly if they show up in court to contest this matter.  We are only talking about six hundred dollars, which has been paid and if my memory serves me correctly was paid within six months or less of the original judgment.  If they show up to contest the Motion to Vacate they better have a real good excuse.  I don't know of any attorney that would want to aggravate a judge by opposing something this menial.   Maybe we should hope this "nasty" attorney does show up.....I guarantee you the judge would not be happy  Smiley Mad  about opposition to something like this, the judge could make this attorney's life miserable whenever he has appear before this judge in the future.
 
Congratulations!!!Smiley Very Happy
 
For a buck twenty five......and a little emotional strife.....judgment removed.....how great is that?  Listen, Donks remind as we closer to the court date so we can give you some emotional support before entering the courthouse.  IMO, you are going to okay.
__________________________________________________________
"Many people who order their lives rightly in all other ways are kept in poverty by their lack of gratitude." Wallace Wattles
Message 7 of 37
Contributor

Re: Motion to Vacate Judgment Update

You need a certified copy of the Motion to Vacate.  When you get before the judge just explain that you paid the settlement (have copy of satisfaction of judgement) and that you would like him (the judge) to grant a Motion to Vacate so you can have it removed from your CBRs.  I would recommend that you get at least three or four certified copies while you are at the courthouse.  The Clerk of Court does the certification.  That's the little raised seal and the copy says "certified".  That is what you need to send to the CBRS...at least that's my opinion of what you will need.  Be sure to keep one copy handy in a file somewhere and I would put one copy in a safety deposit box or somewhere other than my home, like your mom's or sister's, etc.
__________________________________________________________
"Many people who order their lives rightly in all other ways are kept in poverty by their lack of gratitude." Wallace Wattles
Message 8 of 37
Established Contributor

Re: Motion to Vacate Judgment Update

Kids,
 
Thanks for all your help.  I was about to let this just sit on my credit report for another 7 years.  I wasn't aware of my rights and didn't even know this was possible.  You guys have been great....oh and gals.  This is such a wonderful forum.
 
I do have this sneaking suspicion that they are going to show up, I have no idea why.  I just found it a little weird that I only have to mail them a letter.  I thought for sure I would have to hand deliver it or do it by CMRRR.  But I guess its only fair because they got the default judgment by not making sure I knew about it.
 
But I will definantely...I can never spell that word...keep you up to date.  I have a feeling I'm going to need a lot of support that day.
 
Any suggestions on what I should bring to court except the satisfaction of judgement?
Message 9 of 37
Established Member

Re: Motion to Vacate Judgment Update



kidshelper wrote:
You need a certified copy of the Motion to Vacate.  When you get before the judge just explain that you paid the settlement (have copy of satisfaction of judgement) and that you would like him (the judge) to grant a Motion to Vacate so you can have it removed from your CBRs.  I would recommend that you get at least three or four certified copies while you are at the courthouse.  The Clerk of Court does the certification.  That's the little raised seal and the copy says "certified".  That is what you need to send to the CBRS...at least that's my opinion of what you will need.  Be sure to keep one copy handy in a file somewhere and I would put one copy in a safety deposit box or somewhere other than my home, like your mom's or sister's, etc.


I second that!
5-27-2008 TU- 542 EX- 606 EQ- 587 ($400 unsecured credit)
Still working on it.....
8-28-2008 TU- 673 EX- 639 EQ- 621 ($5500 unsecured credit)
Message 10 of 37
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