vacatur of judgment Questions

Feb 272011
 

Has anyone had sucess with this? Not looking to “VACATE JUDGEMENT” which I understand is different. But Ive been scouring the forum and i can find a few mentions of vacatur of judgment, but not the process itself or how/where to start, have also googled it with not much better luck.

 

Please has anyone done this before? What happened with yours? How did you go about it?

 

The background on this is:

I have a CC Chargeoff Judgement from 2007. It is UNPAID. It needs to be paid regardless because of upcoming mortgage shopping (within the year).

 

What Im looking to do is a PFD, but from what i gather the Attorney that filed cannot take this off my credit report. Someone has to file something with the court. Im not looking to ask the court to” Vacate the Judgement”, I think im past the time frame to do that anyway, and i dont really have a reason (as i was propely served and the debt is mine, i just couldnt pay it at the time)

 

So thats where Im Foggy. What is the difference between asking to have a Judgement Vacated and a vacatur of judgment?

 

What do I ask for, and to whom.

 

ANY Clarification would be helpful – even just a point in the right direction.

THANKS!

Judgement served; now what?

Feb 112011
 

I was served papers this week. If I pay this in full before the court date will a judgement be issued on my credit report?

 

Do I still need to appear in court?

How to get a judgement thats not yours off your credit report

Jan 272011
 

Hello, I have been working on rebuilding my credit and I have a judgement that’s only being reported by experian still on my credit. I have tried to dispute it with no success. They told me I would have to go to my court house and get them to write a letter proving it was not mine. The problem is, the courthouse doesn’t show a judgement with the claim number that experian is showing, so they would not give me a letter. I would really appreciate any help.

Midland – They Got A Judgement Against Me A Year and Half Ago, But Still Updating Deliquency

Jan 142011
 

Hello Everyone,

 

Like so many people here, I went through Midland hell for years!  A year and a half ago, I decided to try to dispute them in court.  I spoke with someone at the county clerk who gave me instructions on what to do.  I got all of my documentation together, sent a copy to the court and then to Midland.  I came here a few weeks ago and was posting about my progress.  Someone suggested that since I had not heard from the court, it was possible that a judgement had been entered -  I called the court, and that was exactly what had happened, just 3 or 4 days before.  I was told that they entered a judgement against me because in my documentation to the court, I did not include proof that I had sent the same records off to Midland, something that I had not been previously told that I needed to do.  I went down to court with my certified mail receipt, and that was not enough.  I was told that there was nothing I could do.  So Midland got a judgement against me for nearly $1200.00 that I did not owe – it was for a Visa Aspire account that only had a 400.00 or so credit line many years ago.

 

The judgement is there ruining my credit and I have not paid it.  Tonight, I checked my Transunion CR for the first time in nearly two years, and Midland is still reporting this count every month as a recent deliquency.  Can they do this and still ding me with the judgement as well, essentially report against me twice for money that I simply do not owe them in the first place?

 

Thanks,

 

Frustrated!

Fake Judgment

Jan 132011
 

The other day I received an alert from the credit monitoring system, that showed a civil judgment reporting by Recovery Partners LLC.  So I went down to the court house and they had no records of judgments or pending judgments on me.  So I went to the other 2 surrounding district courts and they said the same thing.  How should I proceed?

Old judgement…statute of limitations over after 10 years?

Dec 242010
 

HI,

 I received a letter from a CA today offering to settle a very old account that had a judgement placed 11/00 in Virginia at the General District Court for 1/2 the collectable amount. Panicked, I looked online at the court records, and found only an old inactive judgement from District Court, dated 11/00 that I assume would have expired 11/10. 

Reading online, it looks as though the only way a creditor can issue a second judgement (which I don’t see evidence of) after the statutes of limitations runs out (10 years) is to have filed an abstract of the the judgement in Circuit Court as well. The original amt was 750 bucks – now at 2000 I don’t find my name online in the Circuit Court.

Do you think I still owe the judgement legally? 

Cancelled Judgment?

Dec 222010
 

I recently sent a letter to the plaintiff/OC about a judgment that has been sitting on my CR since ’08.  Surprised as I was to get a reply, they told me that they sent a letter to the court (I now have a copy of this) 2 years ago to cancel the judgment.  I am trying to figure out what I can do about getting this off of my CR.  The debt was paid that year and everything is cleared up.  Should I dispute and send the letter with it?  I’m a little confused about which direction to go.  Thanks!

Judgment/ Frozen Bank Account.Please help!

Dec 192010
 

On December 14th, I was about to make a purchase and was told my transaction was declined. When I got home I called Chase and was told that my account has been levied.  To make a VERY long story short:

 

In 1999 my best friend put a DVD player on her Circuit City credit card for $200. I have to admit that I only paid half of it back to her.  We stopped being friends months later (due to other reasons). She works for the courthouse, and I was told I was being sued by her, this was in 2002. During this time I was going through a Bankruptcy which was discharged in October 2002.  I sent a copy of this discharge letter to the court Officer like I was stated to do. That was the last I heard of this issue.

 

So today, 8 years later my bank account is frozen. I called the courts and was told to send in my Bankruptcy discharge paper and also a request for a court date. (I also found out that the court officer has the wrong address for me in the system).

 

So I got a court date for next month (January 14th). Is my money just gone at this point or is there anything I can do?  I don’t want anything posting on my credit report and their now asking for $1,700 from a $200 DVD player. Any advice would be greatly appreciated!

Urgent Help. Received Letter from Lustig, Glaser, Wilson PC (Attorney)

Dec 082010
 

I recieved a letter from Lustig Glaser Wilson on behalf of FIA Card services telling me that they were going to file a small claims action against me in boston municipal court and that they have asked the court to iisue a small claims hearing notice. 

 

Then they said that if i prefered to resolve my balance amicably and avoid the court appearance, i should fill out a financial statment (income, bank acc info, expenses, etc.) and return it to them with a suggestion for settlement or monthly plan. 

 

The end of letter says that the communication is from a debt collector. However, I downloaded an excel file from Massachussetts’ Attorney General’s website of licensed debt collectors and they are not on the list. 

 

What should I do? Send a DV and settle ? I understand there needs to be a paper trail for my own sake but should I call them ASAP? THe problem is I’m leaving the country next week for a period of 3 weeks and I don’t want anything awry happening while I’m gone. 

 

Any help is greatly appreciated. THanks a lot.

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