Removing a paid judgment

[Readyforchange]

Hi guys, first off I would like to thank everyone for all the good advice on this board. It has helped me raise my EQ score from 560 to 603 and TU 559 to 574 in 2 months. I am hoping to purchase my first home in May of 2011. I have 3 charge offs that I have PFD'd, they all are for small amounts, still waiting for a response,  I also have a paid judgment that I would like to get removed but am unsure of how to do it. Any and all advice will be helpful on getting it removed.

[kal9988]

To get a paid judgment removed, you need to file a "Motion to Vacate" with the court. A lawyer can perhaps find a loophole or a solid reason as to why it should be vacated. Then cross your fingers.

[Anonymous]

---

@Readyforchange wrote:

Hi guys, first off I would like to thank everyone for all the good advice on this board. It has helped me raise my EQ score from 560 to 603 and TU 559 to 574 in 2 months. I am hoping to purchase my first home in May of 2011. I have 3 charge offs that I have PFD'd, they all are for small amounts, still waiting for a response,  I also have a paid judgment that I would like to get removed but am unsure of how to do it. Any and all advice will be helpful on getting it removed.

---

Simply paying a judgment is not usually sufficient reason for a court to vacate it.  The only way to get a judgment removed is to have it vacated by the court.

You need to file a Motion to Vacate predicated on sufficient legal grounds.  Of the approximately two dozen legally valid reasons to vacate a judgment, the vast majority deal with the court's lack of jurisdiction due to, amongst other reasons, the fact that you were not properly served.  The fact that you have paid the judgment leads me to believe you were served and aware of the suit against you. 

You might want to ask the court clerk to see what the courts in your area usually accept as grounds for vacating.  You might just get lucky.

[MissMovingForward]

I was able to get 3 paid judgements vacated with the help of an attorney in my area.  The judgments were filed in 2005 and marked paid in 2008.  The judgements were vacated this past August.

[kal9988]

Wow that's great! Which area are you in? What was the lawyer's specialty?

[MissMovingForward]

I live in VA and I obtained  the lawyer through my companies pre-paid legal services benefit offered through Marsh.

[kal9988]

Thanks. My employer's legal advisor website told me I should hire a laywer :/

[ABattle]

Miss Moving Forward--I currently reside in VA & I'm curious as to what type of judgement you had removed if you don't mind sharing & what the lawyer did to get them removed.  I had planned to send a gw letter to the law office that handled my BOA judgement & ask their help in getting it vacated.  Since you went through your employer was this a cheaper alternative w/using a lawyer.  I really want to get this judgement removed b/c it's for a 2k BOA charge off cc.  The BOA cc is no longer reporting only this judgement & this is the only judgment I have showing.

[MissMovingForward]

The service is paid for using semi-monthly payroll deductions and Marsh handles the billing with the attorney so I don't know how much it actually costs.  I had 3 judgements from an old apartment complex where I lived.  My attorney contacted the attorney who represented the apartment complex and was able to get him to endorse the motion to vacate which was in turn granted by the courts.  I do not know what he said or did to convince the attorney to endorse the motion, however, I am assuming since it's been paid for 2 years and I no longer live in the apartment, there was really no reason to not endorse them.  I am assuming they also had some type of working relationship as he was familiar with the name when I showed him the judgment paperwork.  I have a copy of the motion to vacate as well as the court documents showing they were actuall vacated, and I do recall reading something like the judgments posed a detriment to my credit health or credit worthiness or something like that.  Hope this helps.  Good luck!

[MissMovingForward]

Here is the exact language used in the motion to vacate sent to the court.:

"THIS DAY CAME the defendant, by counsel, pursuant to Section 8.01-428(A) of the Code of Virgina, and requested that the judgment previously rendered in this proceeding in favor of the plaintiff against the defendant be vacated and set aside, based upon the resolution of matters by the Court through the issuance of credits and refunds at the time of judgment, and the fact that the entry against the defendant has worked to her financial detriment and retention of her good credit.  Upon consideration whereof, it is

ORDERED that the judgment previously rendered in this case be cacated and set aside based upon goof cause shown, the case should be marked dismissed settled.

This was signed by my attoryney under a line that says "I ask for this:" and also signed by the opposing attorney (who originally filed the judgment) under a line that says "Seen and agreed to:"

The motion to Vacate was entered July 16th.  I received the same letters back signed by the judge as of 8-30-10 and endorsed by the deputy clerk.  I, in turn, disputed the judgments with the 3 CBR's.  Equifax deleted, Experian and TransUnion did not so I had to send copies of the orders to vacate to them with a written dispute and they were deleted.  Long process, but well worth it.  My TU score is now 709!  EQ is 658 but I expect it to increase once I finish disputing some other innaccuate reporting.

The same letter was sent to the court for each of the three judgments.