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Showing results for tags 'Rule 60(b)5'.
I lost to Midland and, although I really wanted to appeal, I decided to just take my lumps and pay. BUT I wanted to try to get the judgment vacated in return for paying. I sent a letter to the law firm that won a judgment against me asking them if they could vacate the judgment after I paid in full. They called me yesterday (2/19) said since judgment was entered on the 6th, they only have until today to vacate so I would have to get certified payment to them by today. The person I spoke with (not a lawyer) said that if I couldn't make payment by today, all they'd be able to do is file that the judgment was satisfied. I had 14 days to appeal before the judgment was entered as final so I assume this is the 14 day period they are working with to vacate. I'm also assuming that their vacation of it would me more like a dismissal. What I was asking them, in reality, was if they would file under Rule 60(b)5 - vacation of satisfied judgment. The problem I have is that I can't get the cash together and drive 2.5 hours to their offices today. I have the cash, but I have an ATM withdrawal limit and I can't get a cashier's or certified check because the closest branch of my bank is 3 hours away! I sent them a fax this morning asking if they would agree to accept debit card payment and file a motion to vacate today and if not, could we just file under Rule 60(b)5 after I had paid the judgment. I have not yet heard back. I don't think I have much choice since I can't get the money together and make the drive today. I guess if I can't get them to agree to take a debit card payment and move to vacate today, I'll just pay when I have the money together and then file a motion to vacate myself, but I'll be really disappointed if my motion fails.