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how to vacate judgment

Date: Wed, 08/10/2005 - 10:44

Submitted by margiepizarro
on Wed, 08/10/2005 - 10:44

Posts: Credits: [Donate]

Total Replies: 8


HELP!! i ended up having a judgment entered for a vehicle that was repossessed. It was a stupid thing to do but now my credit is ruined. i plan to file a motion to vacate judgment but what are applicable reasons for my filing of the motion. service is not an issue (i dont guess). they process server gave the s/c to my son who was 15 at the time. he gave them to me. i called the creditor and he refused to talk to me. i moved to another city. the next thing i knew the creditor was calling me trying to get me to satisfy the judgment. please help!! i never got notice of the hearing. is that applicable to anything?


Hi margiepizarro

Welcome to the forums. You have mentioned in your post that a notice was not served to you before the judgment was entered. This sounds illegal because it is very important to send a notice before a judgment is entered on any debtor. Please consult your lawyer regarding this matter.

You can file a motion to Vacate and see if the damaging entry can be removed from your credit file.


  • Hire an attorney who will work with dedication of removing damaging entries from your credit file.

  • Your attorney will file motion of Service of Process. This will give a possibility to prove that the judgment was served improperly.

  • After the Service of Process is filed, the creditor is forced to appear in the court with his attorney and prove that the initial legal process was done properly.

  • This legal maneuver sometimes works in your favor. If the creditor responsible for the judgment has been paid, then he won't waste his time and money by showing up in the court.

  • If you show up in the court and the creditor does not, you win the case through default. You will therefore have the legal ammunition necessary and the damaging judgment information will be removed from your credit file.

Regards
Roxette


lrhall41

Submitted by roxette on Wed, 08/10/2005 - 15:44

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Thank you for your response. let me make sure i have this down. i can file a motion for service of process to ensure that i was properly served with notice of the entry of the judgment. i will have to do all this pro se. i am in law school and i cannot afford to hire a lawyer. furthermore, i dont want to make my judgment known to anyone. any other tips will help. i really dont have a defense to not answering the complaint. but i was not served with notice of the hearing nor notice of the judgment being entered. i have already prepared to notice of motion and motion to vacate judgment. my only reason is that i did not have notice of the hearing therefore i was found in default. someone please help me figure out what else to write. thanks!


lrhall41

Submitted by margiepizarro on Thu, 08/11/2005 - 10:36

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keep the help coming. so the procedure is service of summons and complaint, answer, if no answer, default, and then entry of judgment. my argument is that i received no notice of hearing therefore i could not attend and was found in default and then i received no notice that judgment was entered. is that correct?


lrhall41

Submitted by on Fri, 08/12/2005 - 05:02

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I am writing b/c I found out maybe a year ago that I had a judgement placed on my credit. It was from a credit card I had when I was nineteen years old. I had no idea I was suppose to go to court seeing how I didn't live at the adrress where they said they served me. They left it w/ a family member, my deceased father, at the time I had moved out of their home because of personal issues. We weren't actually getting along. I am now thirty and I am still dealing with this issue. I even offered to settle this matter but they won't. In fact it keeps going up and its just been a nightmare. My father is dead and although they have his signature I was not notified b/c of the problems that led me to move out. How can I get this matter taken care of b/c I am tired of dealing with it. Its a nightmare! I can't get a loan, buy a car, purchase a home all because I didn't get my chance to appear in court and explain my situation. What can I do?


lrhall41

Submitted by on Sun, 08/12/2007 - 15:34

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My lowyer make a mistake by dealing with other party and she told me the judge make a mistake. how can I file to the judge this before too late.


lrhall41

Submitted by on Tue, 01/13/2009 - 18:20

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