Hi

I got two default judgment, one file 2006 and 2008 its too late for me to file vacate a judgment? I live in NY

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You need to file the motion to vacate a judgment within 30 days of receipt of the judgment notice from the court. Now, if you are not served with any judgment notice, you can file the motion within 180 days after you come to know about the judgment.

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so its too late for me to do anything? since the filed over 2 years and the other one is almost a year

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i just had a default judgement vacated that was 1.5 years old..so its possible..check your state laws vacate judgement usually in small claims section..but you must have a pretty darn good reason as to why it should be vacated..contradictory to current laws was the reason that was used in my case..improper service is usually another..but yes you may be able to something..

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2 years ago i move to differ city because of job and last years i didnt got any summon because i am moving is this good reasons? I am from NY town of Onondaga

both judgment are paid now and satisfied

Thanks

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yep very good reason if you were not properly served..check your state laws for reasons to vacate..but not properly served is one of the most common reasons to get em vacated..did you change your mailing address during this time? you will have to prove that you were not served though..the one i got vacated was paid..*FYI* if you can get it vacated legally, you may be able to petition to the court for payment back on it* that is if you can get it vacated..

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Last question, Should i hire attorney to do it for me? or should I go head do it myself? What I need to tell the country clerk? for example What paper or document do I need to fill out

Thanks a lots.

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if you can afford an attorney, then do so..otherwise, YOU yourself can file a motion to vacate..I believe there is some templates on this website somewhere or you can google search for one..you may want to call the courthouse to see if there's a particular format they want it in..but yes you can do it yourself..when i filed mine in march 09 is cost me literally $15.00 in ohio...read my thread 'help me vacate a judgement" by stupidnewbie(put the title in the search up to the right)-there's alot of awesome info in it about this topic..

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if you have any other ?s, feel free to ask.i'll try to help-i just got my judge ordered vacate decree today in the mail!! i'll try to help..good luck

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So when i filed a motion to vacate and if the judge ordered to dismiss, then i will received a letter said judgment has been dismissed all i need to do is send that letter to credit bureau ?

i am pretty sure the plaintiff wont do anything because the judgment have been paid with satisfied.

Thanks again for helps, i am glad to find this forum

God bless you all

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yep once you send it to the judge..make sure to send a copy to the opposing plaintiff(or ask if your courts do that..some do some don't)..the judge will either accept(and vacate order) or reject your motion..but the plaintiff in the case does have to be notified of the action somehow.either by you or the court-if not your motion could be thrown out on a technicality(improper service to plaintiff) i will post what i recieved from my court in the next posting:

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ABC
Plaintiff

vs.

Stupuidnewbie
defendant

______________________________________
This cause came on to be heard on Motion to Vacate the Judgement Entry and dismiss the above captioned case against stupidnewbie, and for good cause shown, it is,
ORDERED, ADJUDGED, AND DECREED the judgement entry filed on a/b/2007 is hereby vacated and the above captioned case against stupidnewbie is hereby dismissed.

Plaintiff to pay cost
judgement for costs


Judge signiture and date

this came from the court just today! so the court will send you some response to your motion yes!

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as for removing from credit file, i disputed as w/ credit bureaus in march 09. trans union just deleted it and it hasn't returned yet. the other verified/updated in march. now i am going to send the vacate order and dispute again w/ equi & exper..don't know where that will go..

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do you need a template to write a motion to vacate? if so, i could post the one i wrote...also abc wasn't my real creditor..for some weird reason i just feel compelled to protect their identity on the net...pretty silly yes...

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I template for a Motion to Vacate it would be nice, so i have a general ideals what i need to do. I am from New York, Onondaga county (hope that help)

I know i been asking too many question, however i just want to make sure, i do it a right way. So all I need to do is going to the county court clerk ask for "motion to vacate" fill out and pay for the fee; go home and waiting for the result? that sound easy enough.


Thanks again

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i'm getting ready for work right now and noticed your post..i will post it a few hours when i get back..about 5 hours..so hold tight just a little bit more..i will be back....the court itself may or may not have a format, you may have to type it yourself like i did, fill out any papers they have there at the court, pay the fee, make sure the opposing plaintiff gets a copy of motion, and go home-yep thats it! for me it took about 17 days to get anything from the court since motions were filed, but that really depends on how busy the court is..and your questions are fine..i would not have had mine vacated if the nice people had not directed how to..keep asking..

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