Can I Have a Judgment Deleted?
If you have lost a law suit involving a debt or did not show up for court and lost the case by default, the judgment against you can be vacated. To do this you would file a Motion to Vacate.
If it is granted, a Motion to Vacate will suspend the original judgment and, at the same time, will request a new hearing. You will need to prepare for the hearing and will need to be ready to argue for dismissal of the case.
So What Steps Do I Need to Take?
If followed carefully, the following steps should bring results (depending upon state law):
1. It is important that you research and master your state’s court procedural laws. When you do this, you will learn the proper way to draft a motion and for what reasons a judgment may be dismissed. It is imperative that you have a grasp of the court’s rules. By performing this research you will discover the reasons a case may be thrown out on a technicality.
2. Complete your Motion to Vacate and take it to the original court that granted the judgment. File your Motion with the court clerk and determine if any additional documents need to be completed. You will probably need to pay a filing fee. Get certified copies and mail the original to the plaintiff by certified mail, return receipt requested. Your creditor or collection agency is more than likely the plaintiff.
3. Calendar the hearing so you don’t forget to appear! The hearing will be scheduled by the court clerk and the notice of hearing will be mailed to you. Therefore, make sure the court clerk has your correct address!
Once served with the motion, the plaintiff will have 35 days to respond to the motion. Sometimes the plaintiff will approach the debtor and attempt to settle out of court. The plaintiff may even decide not to appear at the hearing in which case your will win the case by default.
It is not out of line to demand that the creditor contact the credit reporting bureaus and withdraw the judgment. It is also not out of line to demand that the creditor file dismissal paperwork. Whatever arrangement you come to with your creditor, get the agreement in writing, signed by both you and your creditor.
”Paid” judgments are almost as harmful as ”unpaid” judgments. In light of this, your goal should always be to have the judgment completely deleted.
If the case does go to hearing, you will need to be prepared to argue why the creditor is wrong. The creditor brought this case to court to begin with so the creditor is responsible for proving their accusations.
Some ideas moving forward include:
1. Be ready to attack the creditor’s documentation. For instance, demand that the creditor produce a copy of the original contract for the debt.
2. Check your local state law to determine if the debt is beyond the statute of limitations. If the debt is beyond the statute of limitations, you have no legal obligation to pay the debt and the case will be dismissed.
3. If you find yourself facing a possible judgment, it would be wise to consider a consumer credit attorney. In addition to having handled hundreds, if not thousands of similar cases, an experienced credit attorney can render sage and useful advice.
Whatever you decide to do, you should not sit still and allow a creditor to place a questionable judgment on your credit report!
Is Lexington Law a Scam? See What They Did to this Guy at www.lexingtonlawreviews.com.
