Judgment filed after debt was paid

[Anonymous]

I paid a medical bill in 2/1999 yet a judgement was filed on 4/1999 concerning this same debt. I still have my receipts as proof. Do I have any leverage in getting this judgement vacated? Also I was not served(notified) of this judgement. I discovered the judgement in June of 2001 after I applied for an auto loan. Thus the date that the judgement shows as being satisfied is June 2001 even though it was paid in Feb 1999 and filed in April 1999. Can I use any of these inconsistencies to vacate the judgement?

[Anonymous]

You have grounds to get the judgement vacated simply because you were not served.

You should also present evidence that the debt was paid prior to judgement in order to show the judge that you would have had a defense had you been served.

There are strict time limits for when you can submit a motion to vacate, probably a year or two after you found out about it, depending on your state. You should do this right away if you're going to.

Some courts have a form available from the clerk for a motion to vacate judgement, or you may have to draft your own or hire an attorney/paralegal.

[smogtek]

Double check on the service aspect of it though.

If they can't find you to serve you in person or by CRRR mail, some states allow "service by publication" in your local paper.

Been there, done that, didn't get a t-shirt and still trying to get rid of the judgment!

[admin]

Yes, all states are different. BTW, smogtek - where can I get one of those T-shirts?

Kristy

[Edit by admin on Tuesday, September 24, 2002 @ 08:15 AM]