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Motion to Vacate Judgment Update

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Regular Contributor

Re: Motion to Vacate Judgment Update

Thanks Wonderin, here goes the ugly details, so I had a repo from GMAC three yrs ago(this August), three months ago I had a judgment for said repo appear on my file. I paid(settled-owed 11.5k settled for 9k) with GMAC a yr ago. Law firm did not file in correct court to dismiss/satisfy judgment, they just resent the paperwork to the correct court and a copy to us. The dates on the new paperwork say July 2008, but we paid on July 2007 (not that it makes any difference?).

So what do you think?

Thanks! H

Message Edited by HinH on 07-28-2008 06:40 AM
Message 21 of 37
Regular Contributor

Re: Motion to Vacate Judgment Update

bump for wonderin...
Message 22 of 37
Established Contributor

Re: Motion to Vacate Judgment Update

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.
Message 23 of 37
Established Member

Re: Motion to Vacate Judgment Update



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.
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 24 of 37
Senior Contributor

Re: Motion to Vacate Judgment Update



@HinH wrote:
Thanks Wonderin, here goes the ugly details, so I had a repo from GMAC three yrs ago(this August), three months ago I had a judgment for said repo appear on my file. I paid(settled-owed 11.5k settled for 9k) with GMAC a yr ago. Law firm did not file in correct court to dismiss/satisfy judgment, they just resent the paperwork to the correct court and a copy to us. The dates on the new paperwork say July 2008, but we paid on July 2007 (not that it makes any difference?).

So what do you think?

Thanks! H

Message Edited by HinH on 07-28-2008 06:40 AM




I really don't know what to tell you ... I do know that a "satisfaction" of the judgment and a "dismissal" are two different things.

Can you give perhaps a timeline? For example:

MM/YY You defaulted on the car loan
MM/YY You were served ...

Something like that? The timeline is really important to know!!

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

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 25 of 37
Frequent Contributor

Re: Motion to Vacate Judgment Update

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? 
Message 26 of 37
Regular Contributor

Re: Motion to Vacate Judgment Update

Ok,
I have the paperwork in front of me, it says "release and satisfy this judgement". We were never "served" we received some paperwork from the attorney's office and got them to agree to payments. I still think the CRA's would just update to paid, it did not even show up until 2 months ago, basically 12 months after it was settled and 14 or so months after it was filed.

So I guess I still need to file a motion to vacate, but since I was not served, what grounds would I do this?

Thanks,
H
Message 27 of 37
Senior Contributor

Re: Motion to Vacate Judgment Update



@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!

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

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 28 of 37
Senior Contributor

Re: Motion to Vacate Judgment Update

HinH, in some states, the atty can "serve" you and have it be proper process. What state are you in? Tell me and I can go look and see what I can find as re proper service statutes.

If it WASN'T proper service, you can file the motion on that basis. You should be able to, in the court documents, see the "hows" and "whos" of the service.

Again, I'd need to know what state you live in before I could say whether or not your time to file has expired.

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

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 29 of 37
Regular Contributor

Re: Motion to Vacate Judgment Update

Located in Alabama, so I am assuming the vacate will be the only way, otherwise it would just report as paid? Thanks for your help!
Message 30 of 37
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