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Vacate Judgment

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Established Contributor

Vacate Judgment

Has anybody actually filed a motion to vacate a judgment and had the other side show up?  Please let me know.
Message 1 of 25
24 REPLIES 24
Senior Contributor

Re: Vacate Judgment

I've never experienced it, but I've heard of it.

What happens is that you file the motion. A copy of that motion is then sent to the atty in question, who will discuss it, I'm sure, with the plaintiff. From there, depending on what the plaintiff says, the atty will answer the motion in writing (if the plaintiff wants to be a booger) or will ignore it completely, in which case, the motion carries by default.

If they answer it, you will have to appear before the judge and present your case (again). The opposing atty will have to present WHY it should NOT be sustained.

It will ALL depend on the plaintiff.

IF the debt is paid and IF you've filed within the time limit, you have a good chance. The plaintiff may decide that spending the extra $$ to be a booger isn't worthwhile.

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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 2 of 25
Established Contributor

Re: Vacate Judgment

The debt is paid...but what time limit are you talking about?  Thanks.
Message 3 of 25
Senior Contributor

Re: Vacate Judgment

MOST states have a time limit in which you can file motions related to an already-ruled upon case. Most common, I think, is 180 days after the ruling. Some states go as high as 4 years after.

The only way to know would be to look it up -- which I'm more than happy to do if you'd let me know your state (again -- since I think I asked for it a long time ago ... you told me, but I've forgotten!!)! Smiley Happy

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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 4 of 25
Established Contributor

Re: Vacate Judgment

Wonderin,
 
I live in Nebraska.  Thanks for all your help as always. 
Message 5 of 25
Contributor

Re: Vacate Judgment

Donks:
When was the last date any action took place on this case?  I am assuming the Satisfaction of Judgment was the last motion filed....is that correct?  What date was that?
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"Many people who order their lives rightly in all other ways are kept in poverty by their lack of gratitude." Wallace Wattles
Message 6 of 25
Senior Contributor

Re: Vacate Judgment

Now, I admit that I might not be reading this correctly, but according to Revised Statutes Cumulative Supplement, 2006 Section 25-2704, you have the same time to file motions as THEY did in suing you. AKA, you have 4 years in which to file.

Anyone else want to chime in with their interpretation?

Revised Statutes Chapter 25
Summons; pleadings; time for filings; trial date; telephonic or videoconference hearing; authorized.

(1) In any civil action in county court, the summons, pleadings, and time for filings shall be the same as provided for civil actions in district court. A case shall stand for trial at the earliest available time on the court docket after the issues therein are or, according to the times fixed for pleading, should have been made up.

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

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 7 of 25
Contributor

Re: Vacate Judgment



Wonderin wrote:
Now, I admit that I might not be reading this correctly, but according to Revised Statutes Cumulative Supplement, 2006 Section 25-2704, you have the same time to file motions as THEY did in suing you. AKA, you have 4 years in which to file.

Anyone else want to chime in with their interpretation?

Revised Statutes Chapter 25
Summons; pleadings; time for filings; trial date; telephonic or videoconference hearing; authorized.

(1) In any civil action in county court, the summons, pleadings, and time for filings shall be the same as provided for civil actions in district court. A case shall stand for trial at the earliest available time on the court docket after the issues therein are or, according to the times fixed for pleading, should have been made up.

That makes since.  When would the four years start?  From the date of the Satisfaction of Judgment or the date of the original Judgment?  I would think the four years starts with the Satisfaction of Judgment since that is the last pleading filed, but I am not certain. 
__________________________________________________________
"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 25
Established Contributor

Re: Vacate Judgment

Their suit was filed in May of 2008.  I paid it off about a week ago.  So really they are about the same.  Should I wait awhile before filing the motion or just go ahead and do it?
Message 9 of 25
Contributor

Re: Vacate Judgment



Donks3369 wrote:
Their suit was filed in May of 2008.  I paid it off about a week ago.  So really they are about the same.  Should I wait awhile before filing the motion or just go ahead and do it?


If it were me, I would file the Motion to Vacate asap, because having it removed from the CBR will have a greater impact on your scores that it just showing PAID. 
 
You could probably file the Motion yourself.  If the courthouse is nearby, go to the Clerk's office, nicely explain your situation and ask for a "sample" Motion to Vacate.  Prepare the Motion, bring it back to the Clerk of Court, get your court date, show up and represent yourself.  Not hard to do since you have the Satisfaction of Judgment in hand.  Or in the alternative check with a local attorney and see what he/she would charge to handle the Motion for you.
__________________________________________________________
"Many people who order their lives rightly in all other ways are kept in poverty by their lack of gratitude." Wallace Wattles
Message 10 of 25
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