ADSOFT Posted August 8, 2003 Report Share Posted August 8, 2003 I have been informed that if you are succesful in voiding/vacating a judgement after the the SOL of the original contract, that the CREDITOR has no recourse and the debt is eliminated.Is that true??? Link to comment Share on other sites More sharing options...
LadynRed Posted August 8, 2003 Report Share Posted August 8, 2003 They would have to re-file a lawsuit. Since the new lawsuit would be AFTER the SOL expired, you can use the SOL as your absolute defense against their 2nd attempt. Link to comment Share on other sites More sharing options...
ADSOFT Posted August 8, 2003 Author Report Share Posted August 8, 2003 They would have to re-file a lawsuit. Since the new lawsuit would be AFTER the SOL expired, you can use the SOL as your absolute defense against their 2nd attempt.That is great news. Upon attempting to vacate/void the judgement, I also heard that the original creditor would be notified.Is that true? Link to comment Share on other sites More sharing options...
calawyer Posted August 8, 2003 Report Share Posted August 8, 2003 Hold on folks.In most states, if you are successful in vacating a judgment, you just go back to square one in the lawsuit. In fact, in some states, a defendant who seeks to vacate a judgment must file a proposed answer along with the motion. See, for example, California Code of Civil Procedure section 473(. That way, if the judgment is vacated, the case can proceed without delay.Seem unfair? Look at it like this: the plaintiff thinks she won the case and you are taking that away from her. How fair would it be to make her refile the lawsuit (especially if that might blow the SOL)? Link to comment Share on other sites More sharing options...
ADSOFT Posted August 9, 2003 Author Report Share Posted August 9, 2003 Hold on folks.In most states, if you are successful in vacating a judgment, you just go back to square one in the lawsuit. In fact, in some states, a defendant who seeks to vacate a judgment must file a proposed answer along with the motion. See, for example, California Code of Civil Procedure section 473(. That way, if the judgment is vacated, the case can proceed without delay.Seem unfair? Look at it like this: the plaintiff thinks she won the case and you are taking that away from her. How fair would it be to make her refile the lawsuit (especially if that might blow the SOL)?Thanks Calawyer.That's what I thought, It might just be worth to try to settle otherwise if I do vacate, they might get more agressive and things could get more complicated.So what happens with these judgement that get vacated due to lack of proper service. Does the case start all over again? Link to comment Share on other sites More sharing options...
calawyer Posted August 19, 2003 Report Share Posted August 19, 2003 yes (at least in California and I can't imagine why the law would be different elsewhere). Link to comment Share on other sites More sharing options...
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