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edubb007

P.A. Judgement- Motion to stop/Vacate letter!

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Hi all,

I am in the process of burieng an old landlord who illegaly(OPINION) put a judgement against me. The story goes as such:

In 97 I lived in a small town in PA w/ an apartment for 525 dollars a month. I payed late acouple of times but always made up the payment. I painted the living room blues and the landlord went nuts. So we were on bad terms right away! Well the heater blew out black crued all the time and I complained that the house was uninhabitable! I had clothes ruined and the walls were black around the vents. The LL sent a " Friend" to look at it and he was definitely just a handy man that could not fix this 1950 heater. So this smoke was a major problem. I contacted the LL and we verbally negotiated that I'd pay a month ahead to get out of the lease. The LL then filled the remaining portion of the lease or started a new lease. I saw the new people living there. So now we are her... I need a letter to put in the prothanatary's office to move to stop or vactae/ I was never served. The LL had the address I left(thiers) as the address to sderve the papers. Duh! That's lying, when they had my forwarding info. I also know she rented the place out during the remainer of the contract which she sued me for. So she double dipped!

AnyWay! Is there a PA lawyer fimiliar with the form I must put in? The lady in the courthouse is a nasty old one who said it must be perfect or she'll turn it down! Biiioootttcchhh! Oh well. Any help or guidence is appreciated!

EDubb007 8)

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Ad.... As per the top of this sites the limit is 4 years. Yet a mortgage person wants it paid! So I don't really grasp the SOL concept regarding Judgement vs. Mortgage! Any insight as to the chances of BAD occurring? :?:

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AD,

The File date is 4/99. I thought is longer ago but regardless it's passed the SOL.

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No, its not past the SOL ! Judgments in PA are good for FIVE years. 1999 + 5 = 2004 ! Its also revivable for another 5 years, so it the LL revives the judgment before it expires, you're in for it for another term.

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LadynRed... Nice to meet you and thanks for the post! I am trying to put together a motion to strike/Vacate this judgement. Are you familir w/ PA laws and how to write out this type of request??? :?:

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No, its not past the SOL ! Judgments in PA are good for FIVE years. 1999 + 5 = 2004 ! Its also revivable for another 5 years, so it the LL revives the judgment before it expires, you're in for it for another term.

LadynRed.

I was informed by a knowledgable source that if a judgement is entered incorrectly you can have it voided even if you are past your appeal date!

Do you know anything about that?

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$4500 and I think I owed about $2000 to complete the contract. I want to get this motion to strike in but I have no clue how to write it. My lawyer said to write it in number and submit it. Then maybe they will tell me what to fix. The lady at the courthouse didn't seem willing to help at all. So I just need maybe a template for this type of document.

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I don't think you will find such a template on the net. You need to find a law library (try the nearest court house or law school) and ask the librarian for a civil practice guide.

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I don't think you will find such a template on the net. You need to find a law library (try the nearest court house or law school) and ask the librarian for a civil practice guide.

Calawyer

I've read that if you VOID or VACATE a judgement that the OC can start another lawsuit, But my question would be, if the SOL on the ORGINAL CONTRACT is past, and you void/vacate the judgement, can they still enforce the original contract with a lawsuit. Or does theOBLIGATION of the DEBTOR terminate at that point.

The reason I ask because, ED might be able to VOID/VACATE it but now he is going to have another lawsuit on his hands??????

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LadynRed.

I was informed by a knowledgable source that if a judgement is entered incorrectly you can have it voided even if you are past your appeal date!

Do you know anything about that?

Not specifically, no, not without much research. However, the devil of it would be in PROVING, to a judge's satisfaction, that the judgment was entered incorrecty to start with. In most cases, that's likely not the easiset thing in the world to do unless the validity of it is obvious and supportable.

Usually the court won't even entertain a motion to vacate if your past the appeal period, you'd have to have a REALLY strong case to get them to consider hearing you.

Just for the record, improper service of process is NOT that easy to prove unless, again, the violation is obvious.

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Now wouldn't it be easy to prove no receipt of paperwork when the address the LL gave was that of the residence I left? I mean I gave her my forwarding info and she could've sent it there. I must get my hands on the court documents to see if she had someone sign it. If there's an obvious difference in signatures than I might have her under criminal mischief and get her to drop! I never saw nor signed a document regarding this. That is the TRUTH! She was the type to have her Husband stand there and act as if he were me. That's actually what I am hoping for. What is the SOL on an appeal? :?:

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I am going threw this right now. Lady in red told me to call court and ask them to send me papers on how to file a motion to vacate a judgment. They sent them to me the next day. It seems real easy to do. I also found a web page for it, I don't know if you can use it in PA. Here it is :

www.nwjustice.org Good luck & congrats on your new CC.

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if the SOL on the ORGINAL CONTRACT is past, and you void/vacate the judgement, can they still enforce the original contract with a lawsuit. ??

Think of the SOL as a race to the courthouse. Filing a lawsuit stops the SOL from running. If the lawsuit is reinstated after a motion to vacate, the question will be whether it was timely when originally filed.

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if the SOL on the ORGINAL CONTRACT is past, and you void/vacate the judgement, can they still enforce the original contract with a lawsuit. ??

Think of the SOL as a race to the courthouse. Filing a lawsuit stops the SOL from running. If the lawsuit is reinstated after a motion to vacate, the question will be whether it was timely when originally filed.

Yuck, that's not good news!!!

So if you are successfull in VOIDING or VACTING, how much longer does the PLANTIFF have to reinstate the lawsuit.

And, if they win again, does the 7 yr reporting on the CR start again???( I hope not).

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if the SOL on the ORGINAL CONTRACT is past, and you void/vacate the judgement, can they still enforce the original contract with a lawsuit. ??

Think of the SOL as a race to the courthouse. Filing a lawsuit stops the SOL from running. If the lawsuit is reinstated after a motion to vacate, the question will be whether it was timely when originally filed.

Yuck, that's not good news!!!

So if you are successfull in VOIDING or VACTING, how much longer does the PLANTIFF have to reinstate the lawsuit.

And, if they win again, does the 7 yr reporting on the CR start again???( I hope not).

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Thanks SO much. It at least gives me hope. i will look into Civil 60 in PA. Maybe it's an across the board ruling. Thanks I appreciate it!

Edubb :lol:

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AD... I am going for the scare tactic. File, serve then negotiate in fear of losing due to non-recept of papers and falsifying court documents. I just have to figure out what papers they would have to file w/ the court to remove it from my report. I'm sure there is a doc. to file to remove the judgement from the system. I don't want a " SATISFIED" judgement there! That sucks... :twisted:

So I'll play cat and mouse for a while till I get what I want.

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AD... I am going for the scare tactic. File, serve then negotiate in fear of losing due to non-recept of papers and falsifying court documents. I just have to figure out what papers they would have to file w/ the court to remove it from my report. I'm sure there is a doc. to file to remove the judgement from the system. I don't want a " SATISFIED" judgement there! That sucks... :twisted:

So I'll play cat and mouse for a while till I get what I want.

Good luck,

Make sure you hide your assets, it they have a judgement they might come after your Bank Account or Pay Check. I've done a little research on Judgement stuff(still concentrating on the credit repair). I haven't had time to go to the court house. But I've been adviced to go get all the info. on the judgement first. You might be able to get somebody from WWW.NACA.NET(or .COM, I forget) and fax them the info. If your landlord sued you then go after her property($$$$$$$$) the lawyers might be interested in that one. You never know they may have violated your rights by suing you.

I'm starting to work on my judgement next week and I'll keep you posted. ????? Maybe I'll try to void it out too!!!

Keep me posted.

BTW, what happened to all the members, why is traffic so low now???

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I thinkn the new board is still a little confusing to get too for some. Lol!

I will let you know. See I don't want to wake the beast. I get all my crap together till 4/04 and then Bam. Go for it since the SOL is up. I just want to negotiate it off. I might, if financialy I can swing it, negotiate privately and see where it get's me! She might figure I'm long gone and a little $ is better than nothing. Especially if it's immediate! :)

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I thinkn the new board is still a little confusing to get too for some. Lol!

I will let you know. See I don't want to wake the beast. I get all my crap together till 4/04 and then Bam. Go for it since the SOL is up. I just want to negotiate it off. I might, if financialy I can swing it, negotiate privately and see where it get's me! She might figure I'm long gone and a little $ is better than nothing. Especially if it's immediate! :)

If you think the board is hard to get to, let ADMIN know over in the off topic. I noticed that we have lost a lot of members.

Regarding the Judgement, I think it is wise to know what you're getting into before you take the next step. Get as much info as you can, go the court house and see what they have done, after entering the judgement.

i here there are people that can get the judement off your credit report. That might be a good idea to get your credit up before fighting the judgement

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Ed.

I found a good book from NOLO press it's about collecting on judgements.

It explains what a creditor has to do to collect. It has some good information on how to defend your self if you lost: .... just read it from the other point of view.

Anyhow, it has a good section on settling for a lesser amount and offering installment payments.

Here is the ISBN #: 0-87337-840-7: How to collect when you win a law suit: Is the title by: Attorney Robert Leonard.

I hope that helps.

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