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Vacated Judgment


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How do you go about having a judgment vacated? I was not served in the county in which I lived by a process server. I guess I was served in the county of the credit union.

If I was served a notice in the paper in the county of the credit union, do you think I have a strong chance of getting it vacated?

I don't own any assets other than my paycheck and about 1.6K in cash. The debt & judgment recording has 2 years to run and I am willing to file bankruptcy if my wages are garnished.

Thank you for your help.

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How were you served? Do you think they could prove that you received the notice? If not, you have an excellent chance of having vacated.

All you do is call up the county in which the judgment was filed and ask the clerk what you need to do to file for vacation of judgment. They most likely can send you the paperwork. I'm not sure if you have to be present during the hearing, maybe calawyer would know....

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In California you would most likely have to attend the hearing. The only exception I can think of would be in a court that had a "tentative ruling system". A recorded message tells you the court's intended decision. It becomes the court's official ruling unless either side calls the court and the other party to "challenge" the ruling and stating that they will be appearing at the hearing. Thus, if the recording said you won, and the other side didn't call to challenge the ruling, you wouldn't need to appear in court.

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It seems like I read somewhere that you can get judgements removed from your credit report -- does this apply to "paid" judgements only? I sometimes forget that on one report (just one, not all three) there is a $106 judgement from Blockbuster video (another story in itself -- instead of settling a "bounced" $5 check, they sued within a matter of days). The SOL for judgements, according to the info I found here, in Kansas is 5 years. This means the SOL is up on this judgement *this* July. Does this mean I could have it "vacated" at that time?

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  • 1 year later...

Hey... Remember this one???

A Blast from the past... :D

I have A LOT of time on my hands!!! :)

I was looking for follow up on how you guy's did with this. I settled a judgement and need it to disappear! Poof!

So I know it's close to the sol. It was filed in Jersey in 96. I paid last week after a great deal. Pennies on the dollar!

So now I need it off! Any help????

Thanks...

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I'm interested in further information on how this can be done as well.. I have a paid judgment on my record.. experian only.. and tried every which way to get it off.. I'd like to get it expunged, or removed somehow and looking at doing it throught he courthouse. If anyone has any information or results they've accomplished.

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