Is Deletion of a Judgment Possible?
If you have lost a legal suit involving a debt by not showing up or, if you did show up, but the judge ruled against you, maybe the judgment can be vacated. You would need to file a Motion to Vacate to begin the process.
When you file a Motion to Vacate, you are in essence suspending the judgment and requesting a new hearing. If the Motion is granted, you will need to be prepared to argue for dismissing the case.
What Procedure Should I Follow?
Depending upon state law, the steps below will yield results if followed carefully:
1. You will need to determine the court’s procedural laws for your state. By researching this information, you will learn how to draft the motion and what explanations justify dismissing a judgment. It is crucial that you perform this research. This will allow you to learn for what reasons a case can be thrown out on a technicality.
2. Take your completed Motion to Vacate to the originating court’s court clerk and file it. Ask if there are any other documents which need to be filed. You will need to pay a filing fee when you file the motion and you should request certified copies. Mail the original to the plaintiff, who is most likely your creditor or the collection agency which initially filed the suit. Be sure that you mail the motion by certified mail, return receipt requested.
3. You will need to calendar the date and time of the hearing. Make sure that the court clerk has your current address so the notice of hearing can be mailed to you.
Thirty-five days are given to the plaintiff to respond to the motion. In some cases, the plaintiff may attempt to settle out of court or possibly not even appear at the hearing. You will win by default if the plaintiff does not appear in court!
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 reach the hearing stage, preparation is key! You will need to be ready to prove the creditor wrong and trip him up. Because the creditor brought this case before the judge, the creditor is the party who will need to prove the merits of the case.
Some thoughts to keep in mind 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. It is imperative that you review your state’s statute of limitations law to determine if the debt is outside of the statute of limitations. You have no legal obligation to pay this debt if it is, indeed, outside of the statute of limitations. If this is the case, the matter 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.
A judgment will ruin your credit score and possibly keep you from that job you have been waiting for. Whatever happens, try to avoid a judgment at all costs!
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Related posts:
- How Do I Handle a Judgment?
- Should I Be Worried About a Judgment?
- Is It Necessary to Pay a Judgment?
- How Should I Handle a Judgment or Lien So I Don’t Lose My House and Property?
- A Few Pointers On Ways To Remove Judgments From Credit Reports
- I Know a Judgment is a Legal Action, But What Else Should I Know?
- Is It Hard to Remove a Judgment?
- How To Deal With Trying To Remove Judgments From Your Credit History
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