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Motion to Vacate Judgment Update

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Re: Motion to Vacate Judgment Update



Donks3369 wrote:
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?


You were close on the spelling...definitely!  They may show up, just to show up....but don't worry about that.  The judge has the decision making power and the worst that can happen is the judge doesn't grant the motion.  I don't think that will be the case....here's why....we are dealing with a very small amount of money, you are young, judges really like the idea of giving someone a "second chance", the attorney is going to look like a total jerk if opposes your motion after you speak to the judge.  Be sure to speak up, if given the chance and say, "Your Honor I would like to make a statement if that's possible?"   
 
As I said before, be honest with the judge.  Kind of like this "Your Honor, I am young and have been very careless with my credit in the past and while that is no excuse for not paying my debts timely I have realized the error of my ways.  I also realize that I must face my financial obligations as they are incurred and not allow them to escalate to a court of law.  I am earnestly trying to correct my financial mistakes of the past and start fresh.  I have paid this judgment in full and have received a Satisfaction of Judgment, however in order to repair my credit it is necessary that I present the CRAs with a Motion to Vacate.  Your Honor, any consideration you give my request would be greatly appreciated"
 
But...you have to say it in your own words....I am just giving you an example.   Now how foolish would that attorney dude look if he tried to convince the judge not to grant the motion after a statement like that? 
__________________________________________________________
"Many people who order their lives rightly in all other ways are kept in poverty by their lack of gratitude." Wallace Wattles
Message 11 of 37
Senior Contributor

Re: Motion to Vacate Judgment Update

Personally, I'd bring a copy of your most recent CRs. One, because I'll bet it will demonstrate to the judge that you're being a good, responsible, honest citizen and making good on your debts. Two, because they may want to see what's actually reporting on your CR in regards to the judgment.

I doubt that they'd even look at them, but if they ask for whatever reason .... better to have it on you than not.

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

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 12 of 37
Senior Contributor

Re: Motion to Vacate Judgment Update

Yes and no on the judge's behalf, Kids. LEGALLY, the judge is under no obligation to rule in favor of the motion. By all rights, its perfectly legit for the judgment to stand. For that matter, if Donks claims improper service (which is probably the most common basis for a vacate), technically, according to NE law, HE'S the one being frivolous. NE statutes specifically state that "improper notice" does NOT impede judgment (and the wording actually stresses that it's a non-defense) and doesn't invalidate a claim against the defendant.

HOWEVER, the plaintiff's atty, since the debt IS paid, will more than likely not show. There's no incentive FOR them to show. No matter how snotty the atty's been to Donks, the atty HAS to obey his client's wishes. And I don't care how much Donks may have pissed the plaintiff off -- no grudge is worth the $750-1000 it will cost him (again, especially since the plaintiff's been PAID) for the atty to answer the motion, much less appear. So unless this debt was for somewhere in the ballpark of $10K AND Donks slept with the plaintiff's wife, shot his dog and salted his farmland, chances are it just won't be worth the extra atty's fees.

Even if the atty decided to appear out of sheer spite and NOT charge the plaintiff, he simply can't do so without the plaintiff's permission.

Donks: I really think you'll be fine. I know you said you have a feeling that the guy will show up, but really, there's absolutely NO reason to. The atty more than likely tried to bully you on the phone because simply, he doesn't want you messing up his "track record" in terms of how many judgment notches he has on his belt. Or maybe, his hot receptionist told his wife about their affair.

Regardless, it's just your worry talking out loud. Or as a comedian once said "Your brain is trying to kill you!"

Don't sweat it. You've done the hardest part. Now just sit back and imagine your CRs as spotless!! Smiley Happy

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

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 13 of 37
Established Contributor

Re: Motion to Vacate Judgment Update

Wonderin,
 
Is there anyway I can fly you, Kids, and Dre in to support me with this?  You all have been great.  Each post of yours makes me a little more comfortable with this.  But if the plaintiff's attorney doesn't show, then I really don't need to go through all my reasons.  Correct?  He should just grant it if they don't show up, or am I just off base?
 
I can't wait to get this off my credit.  I shouldn't be jumping ahead but I really hope they don't spend all that money to protest a $600 judgment.  Now if I could only get those 3 paid medical collections off I will be looking much better.
 
I really appreciate everyones help in this matter.  If I do win this I hope you take some small satisfaction in helping me.  I try to help anyone I can and feel really good when I know I have made a difference.
 
And keep the words of encouragment coming.  I know its cheesy but it makes me feel so much better about this.  I need to be a little more confident that this will go in my favor.
Message 14 of 37
Contributor

Re: Motion to Vacate Judgment Update



Donks3369 wrote:
Wonderin,
 
Is there anyway I can fly you, Kids, and Dre in to support me with this?  You all have been great.  Each post of yours makes me a little more comfortable with this.  But if the plaintiff's attorney doesn't show, then I really don't need to go through all my reasons.  Correct?  He should just grant it if they don't show up, or am I just off base?
 
I can't wait to get this off my credit.  I shouldn't be jumping ahead but I really hope they don't spend all that money to protest a $600 judgment.  Now if I could only get those 3 paid medical collections off I will be looking much better.
 
I really appreciate everyones help in this matter.  If I do win this I hope you take some small satisfaction in helping me.  I try to help anyone I can and feel really good when I know I have made a difference.
 
And keep the words of encouragment coming.  I know its cheesy but it makes me feel so much better about this.  I need to be a little more confident that this will go in my favor.


Donks:
Think positive and positive will come to you.  Picture yourself walking out of the courthouse with the Motion to Vacate in hand.  When you think negatively, you are drawing negative things to you. 
 
I don't know about Wonderin, but I was employed as a paralegal for a few years and have had the unfortunate opportunity to appear in court as a "defendant" on a couple of occasions.  I can assure you most judges are very fair and yes, legally they do have to file certain guidelines, but they will give you a fair shot.
 
I'll go one step further, imagine the horses behind attorney showing up and you walking out of the courthouse with your Motion to Vacate.  How would that make you feel?  Pretty good!  Just keep visualizing walking out with the Motion, it will come, I see no reason why it won't happen. 
 
Just like when you started your credit repair, you imagined how good it would feel to have clean credit, and slowly but surely you are getting there.
 
Just remember, think positive.  We are all here if you need us. 
__________________________________________________________
"Many people who order their lives rightly in all other ways are kept in poverty by their lack of gratitude." Wallace Wattles
Message 15 of 37
New Member

Re: Motion to Vacate Judgment Update

I've been reading the posts. So are you saying if I pay off my judgment, I can then go to the court and file a Motion to Vacate?
 
Who do I pay the judgment off to? The original creditor or the collection (lawyer) agency? I appreciate your feedback.
 
I also have 3 other collections on my account that I need to pay off. I've sent the DV letters, but they have not been removed.
Message 16 of 37
Regular Contributor

Re: Motion to Vacate Judgment Update

Wondering the same thing. I have paid the judgement, have the papers in hand, if I fax/dispute will they just update to show paid? I really want it removed, so I guess the best thing to do is vacate...? Right?
Message 17 of 37
Senior Contributor

Re: Motion to Vacate Judgment Update

Donks, darlin', you don't need us to come and support you -- we already ARE!!! Smiley Happy

If the plaintiff has the atty show up over a $600 debt, well, all I can say is that you ought to feel sorry for him. Clearly, the plaintiff's not very bright and the atty is a shyster (since there's no LEGAL NEED to contest the motion). IMO, they'd be a match made in you-know-where.

So unless you know the plaintiff and s/he is a complete and utter, drooling, pooping-themselves-stupid, nutjob, I really don't think you have one bit of anything to worry about.

So take a deep breath, calm down, hold your head up high ('cause, dammit, you deserve to) and walk in their confident and proud. You're not a criminal (are you? I mean, you don't kick puppies, do you? No? Didn't think so! LOL!) and you don't deserve to have to worry, okay?!

As Kids said, if the atty does show up, the judge, though under no legal obligation to rule in favor of you, will MOST likely because that judge will, no doubt, be a living, breathing human being. And judges usually DO do their best to be kind and give second chances. After all, our country was built on second chances!!

To boot, I'll be praying for you!! Smiley Happy

{{{{Hugs!!!}}}}

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

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 18 of 37
Senior Contributor

Re: Motion to Vacate Judgment Update



@ladyw wrote:
I've been reading the posts. So are you saying if I pay off my judgment, I can then go to the court and file a Motion to Vacate?
 
Who do I pay the judgment off to? The original creditor or the collection (lawyer) agency? I appreciate your feedback.
 
I also have 3 other collections on my account that I need to pay off. I've sent the DV letters, but they have not been removed.





Usually, you would have to pay the collection agency/atty. If in doubt, you can contact the Clerk of Court of the originating court and ask.

The most common basis under which to file a motion to vacate is improper service (they didn't serve you the summons properly). That's usually the best bet for a vacation to be carried.

What state are you in? Did you know you'd been served?

Its pretty much pointless to file a motion to vacate if you've not actually paid the debt, though. Mainly because 1) the plaintiff/atty WILL fight the motion and/or 2) if you've NOT paid and you DO win, they will merely refile against you.

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

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 19 of 37
Senior Contributor

Re: Motion to Vacate Judgment Update



@HinH wrote:
Wondering the same thing. I have paid the judgement, have the papers in hand, if I fax/dispute will they just update to show paid? I really want it removed, so I guess the best thing to do is vacate...? Right?




Yep! The best thing to try is to vacate. But bear in mind, that most states put a time limit on filing ruled-on cases. What's your state? We can see what you're options are!

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

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 20 of 37
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