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Vacate Judgment

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Established Contributor

Re: Vacate Judgment

This is all new so I'm a little scared.  Just being honest here.
 
What happens if the other attorney shows up?  I guess the worst thing the judge can do is say no. 
 
Any thoughts?
Message 11 of 25
Established Contributor

Re: Vacate Judgment

How will I know if the court has received the satisfaction from the attorney?  Should I file the motion even though the credit report won't be updated?  Sorry for all the questions.  I just want to get this off there and I'm a bit scared.  Thanks for your help.
Message 12 of 25
Senior Contributor

Re: Vacate Judgment

If you can file it now, I'd file it NOW. Even if it meant missing an important meeting.

Why? Because you'll still have to wait approximately 30 days for the opposing side to answer the motion and THEN you might need to appear in a set date for court. Considering how coagulated the court system seems to be, that could be another 30 days added on.

The sooner you get this moving, the sooner you get it resolved and OFF your CRs!!

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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 13 of 25
Senior Contributor

Re: Vacate Judgment

Yes, the judge can quash your motion. But if the debts been paid, you shouldn't meet with any resistance. NE seems to be fairly lenient in it's processes and seems to even offer vacation fairly easily. At least, that was my take on the situation.

Remember, you WILL incur filing fees, so I'd bring your checkbook with you. Average cost is roughly $200 to file. NE seems to be a "self-help" state, so you should be able to file your own motion.

Just curious: how OLD was this debt? What kind of debt was it? You CAN have the judgment vacated on the basis of SoL. NE seems to be rather strict on that point and DOES offer several remedies, including, but not limited to vacation of the judgment.

And remember also, if file this motion, the plaintiff will have to have his counsel answer the motion (he will, essentially, be served just as you were) and that means he'd have to "rehire" the atty and pay the fees. If you've already paid the debt, it probably won't be worth their while to retain a lawyer for that mere of a purpose. I mean, they'd end up paying somewhere around $500 for the lawyer to just show up, not to mention answering the motion.

Was your debt SO huge as to make that worth their while???

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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 14 of 25
Established Member

Re: Vacate Judgment



Donks3369 wrote:
How will I know if the court has received the satisfaction from the attorney?  Should I file the motion even though the credit report won't be updated?  Sorry for all the questions.  I just want to get this off there and I'm a bit scared.  Thanks for your help.



Well I don't know about how the court system is in your state, but here in IL I went to file a motion on June 30th. They gave me a copy to mail to the opposing side. They set my court date for 2 weeks after the motion was filed with the clerk. That ended up being on July 9th. It's actually nothing to be scared about seeing you have a Satisfaction of Judgment letter. That's all the judge will need to see to grant it vacated. I think I was at in front of the judge 5mins maybe......... and two weeks from my court date my judgments have vanished from my CR's. I did have to dispute the judgments and the CRA's did have to verify it vacated.It doesn't come off automatically.
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 15 of 25
Established Contributor

Re: Vacate Judgment

Well the judgment was filed 03/2008.  It was paid this month.  It was for just under $600.  The attorneys office is no fun to deal with so I'm not sure how hard they would fight this.  The original medical bill was from 2006.
 
The sad thing is that I can see this attorney wasting the money just to mess with me.  But then again, what's the worst that can happen.
Message 16 of 25
Senior Contributor

Re: Vacate Judgment

The atty can be a jerk to you all he wants on the phone. However, whether or not he appears in court to answer your motion is the PLAINTIFF'S decision. Since, obviously, the plaintiff would be paying him.

Unless you think the atty would appear out of the "goodness of his heart" on his client's behalf AND risk being disbarred???

(My point being that he can't do diddly-squat without the client's permission)

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

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 17 of 25
Contributor

Re: Vacate Judgment



Wonderin wrote:
The atty can be a jerk to you all he wants on the phone. However, whether or not he appears in court to answer your motion is the PLAINTIFF'S decision. Since, obviously, the plaintiff would be paying him.

Unless you think the atty would appear out of the "goodness of his heart" on his client's behalf AND risk being disbarred???

(My point being that he can't do diddly-squat without the client's permission)

I agree with Wonderin on this and I also agree with you....all the judge can say is no....the plaintiff would look like a darn fool trying to oppose someone that is only trying to help themselves.  If it comes down to it and the judge asks you why you want the judgment vacated, be honest and tell him how hard you are working to overcome the mistakes of your past.  Tell him you realize how irresponsible you were in not taking care of the debt sooner and you have learned your lesson...or something similiar.  Just don't get in front of the judge and make excuses for not paying the bill earlier, or you will anger him.  If you take responsibility for the situation and be honest with the judge he will be fair with you.


Message Edited by kidshelper on 07-23-2008 02:11 AM
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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 18 of 25
Established Contributor

Re: Vacate Judgment

Well thank you Wonderin, Dre, and Kids...I really appreciate all the help.  You have given me the courage now to fight this.  Oh it would be nice to get this judgment off my CR.  I have two on there from 2003 so those should fall off in less than two years.  But this one from 2008 is really hurting me I think.  I probably will have a couple more questions if you don't mind, but I really appreciate everything.  The information you provide is priceless!!!
Message 19 of 25
Senior Contributor

Re: Vacate Judgment

I agree, Kidshelper! I've even seen judges just look at the document and just allow the motion, no dialog whatsoever.

What you're asking for, Donks, is actually VERY common. It's something that takes SO little time on the judge's part and is actually a no-brainer!! Smiley Happy

Best of luck to you!! If you have any more questions, holler!! And of course, keep us posted!! 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 20 of 25
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