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Ok, the quick and dirty...I have paid a judgment in full. The plaintiff atty and I had a good working relationship, all was recorded in our letters. He agreed to work with my attorney ( I don't have one....and would love not to get one) and withdraw the action upon receipt of my payment. As I said, it is all in writing.
Here's my question. In order for him to withdraw the action, he needs the judgment to be reopened (he's not willing to do that, but will respond with the withdrawn action filing)
can i represent myself pro se and file the motion to vacate forms? Whats my best bet for grounds for the motion? The judgment was filed 2 years ago....Can anyone here give me a clear step by step?
I am very pleased that he will be willing to withdraw the action, but I need help getting to that step.
Also, he gave me the name/number of his "forwarder" who I believe works for the company that owns the actual debt that I have just paid...He told me to talk to her to see about "their ability to contact the credit reporting agency". what do you suppose that means?
thanks everyone.
All you need from him is a vacatur of judgment, signed probably by the original creditor. In my case, it was just a single sheet of paper, obviously a form letter, that they just fill in the names and index number and sign. I wrote a good will letter to attorneys I owed money to, and they sent it right out. You can pose the question to the forwarder to make sure the OC would not object, and ask the attorney for a vacatur of judgment. You can also offer to pay him for his time, which I did as well.
Laws differ in different states, so it may not apply in yours, but that's what worked in mine.
Friend wrote:
I thought judgements stayed on your CR for 7 years even if paid. Are you saying you can have them removed by having them "vacated?"
Yes, but you usually have to have a good reason for having it vacated. Some judges will do it just because the plaintiff agrees, some won't.
Check with your local courts for the process of vacating a judgment and the valid reasons accepted for filing the motion.
One lady had a judge agree to vacate a judgment by just going to court and telling her story(how the judgment didn't reflect who she was, at the time of the judgment she was a single mom trying and didn't have any insurance, etc--it was for a medical bill).
It really depends on your local laws and your judges.
ok , and in this case what seems to matter is that the plaintiff atty has, in writing, agreed to withdraw the action, and has provided the forwarders name/number so we can pursue whether they would be willing to write a letter vacating the judgment. the judgment is paid, so they may be willing.
the judge may empathize with a paid in full judgement being removed from a credit report simply based on the life impact it causes, like no car loan no mortgage while it sits there...
this is pro se work, right, ? here are the steps as I see them, please edit or agree as you see it, thanks all!
1. speak to forwarder about willingness to sign vacatur of judgment
2. send letter to attorney advising of this discussion ( assuming the forwarder agrees to vacatur of judgment)
3. file papers in court, first the judgment has to be re-opened, right? Can I do that myself?
Im stuck right there...once I hear from everyone that they are willing to sign a vacatur of judgment, how do i proceed?
also, we did offer the plaintiff atty. $ to help process the paperwork, but he said he could not, but that he would be willing to file the papers for withdrawing the action.
hi likewise,
i am confused about needing to re-open the judgment, does that have to happen before a filing of vacatur of judgment can occur?
The plaintiff atty. seems to be working favorably with me, and now he has been paid in full so he should be happy. I am hoping that the fact that he gave me the forwarders name/number means that she also will be willing to do a little legwork for me.
who creates the vacatur letter? Who initiates it? Then you take the letter and file court papers (which ones?) and present the case to the judge? It seems that if both a plaintiff atty. and a credit collector forwarder said yes to a vacatur of judgement, that the court would probably not bother to stop the process....
we did offer to try to pay him for his time, but he declined, just agreeing to withdrawing the action " I will cooperate with your attorney in his effort to re-open the judgment and then I will withdraw the action"
were his exact words.
@Anonymous wrote:hi likewise,
i am confused about needing to re-open the judgment, does that have to happen before a filing of vacatur of judgment can occur?
Reopening the judgment is really, just reopening the case itself.
The plaintiff atty. seems to be working favorably with me, and now he has been paid in full so he should be happy. I am hoping that the fact that he gave me the forwarders name/number means that she also will be willing to do a little legwork for me.
who creates the vacatur letter? Who initiates it? Then you take the letter and file court papers (which ones?) and present the case to the judge? It seems that if both a plaintiff atty. and a credit collector forwarder said yes to a vacatur of judgement, that the court would probably not bother to stop the process....
Either the plaintiff (them) or the defendant (you) can file vacatur. However, I think most times, it has more weight coming from the plaintiff than the defendant. It also "cuts out the middleman" in the form of a response. If YOU file the vacatur, the plaintiff has to have time to respond. If THEY file the vacatur, you'd have to respond (IIRC), but then, you'd respond right away since it's a higher priority to YOU than it is to THEM.
we did offer to try to pay him for his time, but he declined, just agreeing to withdrawing the action " I will cooperate with your attorney in his effort to re-open the judgment and then I will withdraw the action"
were his exact words.
Hi blue,
I know it's confusing. There are TWO ways to get a judgment removed. A vacatur of judgment is one, and a motion to vacate is another. They sound similar, but they are completely different.
Vacatur of Judgment - The creditor agrees to remove the judgment as if it didn't happen. This would be out of the goodness of their hearts, because it doesn't say the judgment was entered in error. It says they remove or cancel it. (Which is different from being paid or satisfied.) This is more likely, I imagine, with local situations where you can talk to a human who can make a decision. It's probably harder with a judgment from a CA or a big corporation.
This is a one page form letter, signed by the plintiff/creditor and filed with both the court in which the judgment was made (small claims, city, supreme) and with the county clerk, which is the office that records and usually reports all judgments and liens to the CRA. You do NOT need to talk to a judge for this.
Motion to Vacate - You are asking a judge to actually look at the case because you are saying it was entered in error in the first place and should be vacated (canceled, removed) on that basis. The most common reason for such an error is improper service. There's been some research that says that purposeful improper service in order to obtain judgments is rampant with collection agencies and some legal service firms. They will sometimes serve the papers at an old address, or say they gave it to you when they didn't. Another reason might be the wrong identity, etc. In any case, if you want a judgment vacated because it's in error, you must make a MOTION, which is a legal word meaning you request the judge do something, and you are in effect re-opening the case to be heard again. That is a more complicated process, and is certainly worth it if there was improper service or something. But if the judgment is accurate, and you pay it, then any motion to vacate may not get you anywhere, except in a case like mentioned above, where the judge chooses to be nice. They don't have to.
This procedure is probably better handled by a lawyer for most people, depending on how comfortable you are with the legal process. If you do it yourself, go to the clerk of the court the judgment was ordered by and ask them where you can find forms for a motion to vacate. You can also sometimes find forms on line, and probably at most public libraries.
Of course, I'm not a lawyer, and every state has different laws and some have different terminilogy, so you have to investigate it a bit for each state. My experience is with NY law.
I am in connecticut, not sure if that is a self help friendly state or not....however the judgment was only 1000 dollars ( from 1997, can you believe they worked that hard to get that small amount of money?!!)
I have not specifically been asked or told that I do not have counsel, I am not opposed to getting counsel, either, although it's an additional cost. I am not afraid to try some of it myself without an attorney, it doesn't sound that complicated, particularly because plaintiff atty sounds like he won't argue
We are going to call the forwarder today and see what help she has to offer. any suggestions?
blueblueblue wrote:I am in connecticut, not sure if that is a self help friendly state or not....however the judgment was only 1000 dollars ( from 1997, can you believe they worked that hard to get that small amount of money?!!)
Do you mean the debt was from 1997 or the judgment is from 1997.
Judgments only remain for 7 years.