hollypc Posted February 7, 2003 Report Share Posted February 7, 2003 I had a judgemnt reported on my credit report 1/2000. It was from airwaves paging. They are a local company that employees 15 people. I called the court house to have them mail me the papers because the court house is 2 hours from my house. To my surprise they are going to mail them. The clerk asked me what my problem was and I told her I wanted to file a motion to vacate on grounds that I was never notified. She said that they send me a first call letter that never came back and that was good enough? IS THIS TRUE? Also she said I must notify the other party. I never noticed anything said like this on the site.The judgement is for $362. If I have the other party notified, I have a feeling they will show up. What should I do?Also is the SOL the same. Does it start from the 1st day I was late? Do I have a right to look at the file at the courthouse? Link to comment Share on other sites More sharing options...
kb9tbq Posted February 7, 2003 Report Share Posted February 7, 2003 Yes, you have all rights to view the file at the court house. SOL is going to depend on what state you are in, and when the file date was on the judgment (1/2000).You are suppose to sign summons, in order to be served, thought this to be true in all states, so you might want to check to be certain - would not believe the clerk right off on this one.Really had not heard anything this way about the other party having to be notified when filing to vacate judgment, so I don't know on this matter. Link to comment Share on other sites More sharing options...
bingo Posted February 7, 2003 Report Share Posted February 7, 2003 EVery state has their on law about process and service. Some do allow simple mail delivery. Many posters just relate their on experience but you must understand what is allowed in one state may not be proper in another. Link to comment Share on other sites More sharing options...
hollypc Posted February 7, 2003 Author Report Share Posted February 7, 2003 Do you have a link to a site where I could find out the specific information for the state of Massachusetts? Link to comment Share on other sites More sharing options...
Swede Posted February 7, 2003 Report Share Posted February 7, 2003 <blockquote>Originally posted by hollypcDo you have a link to a site where I could find out the specific information for the state of Massachusetts?</blockquote>http://www.lawdog.com/states/ma/st1.htm Link to comment Share on other sites More sharing options...
LadynRed Posted February 7, 2003 Report Share Posted February 7, 2003 Here's a link to the MA statutes on service of process:http://www.guaranteedsubpoena.com/ma.asp [Edit by LadynRed on Friday, February 7, 2003 @ 08:54 AM] [Edit by LadynRed on Friday, February 7, 2003 @ 08:54 AM] Link to comment Share on other sites More sharing options...
hollypc Posted February 7, 2003 Author Report Share Posted February 7, 2003 Thanks very much guys! Link to comment Share on other sites More sharing options...
hollypc Posted February 8, 2003 Author Report Share Posted February 8, 2003 Today in the mail I received a paper: "motion to remove default".I don't think this is what I wanted. I want a motion to vacate a judgement. As far as I know, this is different. What do you guys think? Do I need to call back and get a diffrent form? Link to comment Share on other sites More sharing options...
calawyer Posted February 8, 2003 Report Share Posted February 8, 2003 Hard to say without looking at it but it sounds like it might be correct (ie motion to remove default judgment). You should verify this with a MA lawyer, but it seems like personal service is required unless they try, fail, and get a court order permitting service by other means:(1) Upon an individual by delivering a copy of the summons and of the complaint to him personally; or by leaving copies thereof at his last and usual place of abode; or by delivering a copy of the summons and of the complaint to an agent authorized by appointment or by statute to receive service of process, provided that any further notice required by such statute be given. If the person authorized to serve process makes return that after diligent search he can find neither the defendant, nor defendant's last and usual abode, nor any agent upon whom service may be made in compliance with this subsection, the court may on application of the plaintiff issue an order of notice in the manner and form prescribed by law. Link to comment Share on other sites More sharing options...
hollypc Posted February 9, 2003 Author Report Share Posted February 9, 2003 Thanks. I am going to try to find out.The paper I received about removing the default states I must pick a date and then inform the plaintiff of what I am doing so they can appear.I never read anything on the boards about notifing the plaintiff to come to a hearing about vacating a judgement.It sounds to me like it is a motion to open things up again. What do you think? Link to comment Share on other sites More sharing options...
123rich Posted February 9, 2003 Report Share Posted February 9, 2003 I had the same thing happen to me, I was summons but never recieved it,I am in the Army and I was in the middle of a move over seas, its on my credit report . Now that I know that it is possible that the state that I was in (Colorado) may require me to sign a summons Im franticly searching for it. But I cant find it anywhere I must be an idot on law dog......lol Link to comment Share on other sites More sharing options...
calawyer Posted February 9, 2003 Report Share Posted February 9, 2003 You need to see a lawyer. There is something called the soldier's and sailors relief act that will be a big help to you. It requires a plaintiff to file an affidavit saying that the defendant is not in the military before getting a default judgment. Here is s link to the act:http://usmilitary.about.com/library/milinfo/sscra/blchap3.htmFor everyone else out there, you should realize that vacating a default judgment usually just puts you back to square one. You will be given a certain time to respond to the complaint and proceed with the case. Link to comment Share on other sites More sharing options...
ghacorp Posted February 10, 2003 Report Share Posted February 10, 2003 Calawyer, That relief act sounds like a good deal. Where do you go to sign up for duty? Link to comment Share on other sites More sharing options...
calawyer Posted February 19, 2003 Report Share Posted February 19, 2003 These days, I think I'd rather pay the debt. Link to comment Share on other sites More sharing options...
hollypc Posted February 19, 2003 Author Report Share Posted February 19, 2003 I just have another question...Once I file a motion to vacate after it is vacated...it starts all over with again right? And myself and the plaintiff can be called into court again if the plaintiff wants to pursure it. So the best thing to do would be to pay them off after the judgement is vacated??????? Link to comment Share on other sites More sharing options...
IronMan Posted February 19, 2003 Report Share Posted February 19, 2003 You have to "notice" the opposing party as to the MTV or in your case MTRD. Notice applies anytime there's a requirement for peformance on any party in the matter. The courts will sometimes do this by USPS but it's up to you to notice them as well either by personal service (NOT BY YOU!) via a friend or other person who is not a party to the matter.So file your MTRD with court; notice the opposing party; fill out proof of service form; copy it; and send to court too.BTW- The courthouse is 2hrs away? Is it in the same county where you reside? Generally these actions are supposed to be filed in the same county as where defendant (YOU) lives or where instrument, obligation, etc was executed.Yes, get the judgment vacated and pay it off if you can or setup some type of arrangement to do so.Be advise, you have the burden of proving that you were not properly noticed. Only saying so without any other evidence to prove so will get your motion denied and the judgment stayed. Check your state law and rules of court to make sure that the noticing procedures were properly followed. If there's any 'inadvertence' (oversight) in the court's procedure that doesn't follow the law, then your MTRD should be granted.Typically, judges like to use the proof of mailing as enough burden to show notice. You have to oppose this! How you do it is by arguing the law or rules of court (if possible) if other merits don't help you.Cheers! Link to comment Share on other sites More sharing options...
hollypc Posted February 19, 2003 Author Report Share Posted February 19, 2003 IRONMAN - The courthouse is in a different county than I am in. Can I use this to my advantage?"Be advise, you have the burden of proving that you were not properly noticed. Only saying so without any other evidence to prove so will get your motion denied and the judgment stayed."How do I prove that. I never signed for a letter. What other evidence do I need and where can I get it. "Check your state law and rules of court to make sure that the noticing procedures were properly followed"I have checked websites like lawdog and they don't help. Where can I find out specific laws and rules?"How you do it is by arguing the law or rules of court (if possible) if other merits don't help you."I need to find out what they are. I can't afford a lawyer. What can I do? Link to comment Share on other sites More sharing options...
hollypc Posted February 19, 2003 Author Report Share Posted February 19, 2003 Sorry another question.The judgement on my report is for $362. It is for a pager.I just called the OC and the lady told me that I owe them $148.60 because I broke the contract.She told me that she will send me an invoice and once I pay the amount due that she will send me another invoice stating that the debt is paid in full. She said that I can sent that letter to the CRAs and get the judgement removed.Is this enough. Or do I still have to get the judgement vacated. If I motion for the judgement to be vacated but the bill is now paid is that ok.Please someone let me know. Thanks. Link to comment Share on other sites More sharing options...
IronMan Posted February 20, 2003 Report Share Posted February 20, 2003 Before we go ahead, what state are you in?[Edit by IronMan on Wednesday, February 19, 2003 @ 09:31 PM] Link to comment Share on other sites More sharing options...
hollypc Posted February 20, 2003 Author Report Share Posted February 20, 2003 Massachusetts Link to comment Share on other sites More sharing options...
IronMan Posted February 21, 2003 Report Share Posted February 21, 2003 Well, if this is a debt collector, you can file a change of venue since they are not filing in the county where you reside. The jurisdiction is improper.See This:http://www.debt-consolidation-credit-repair-service.com/cgi-local/cutecast/cutecast.pl?forum=4&thread=3642Regardless if you paid it and request removal from CRA's, they don't have to remove the judgment because it is accurate that you have a satisfied judgment and it is public record. Sending in that invoice will just verify it for them!!! You need to vacate it for it to be removed.It sounds like you've made a deal with the OC here. I don't know why I'm posting the venue stuff anyway. Maybe it was for something else? I dunno.For removal I recommend this:Pay in full as you stated; Get documentation and / or settlement statement from paging company that this is DONE; have them file the MTRD since the matter has been amciably resolved with defendant (you) and they (Plaintiff) have discovered that initial cause of action was a result of an inadvertance. That's all there should be to it! The court should vacate it. No hearing required when the Plaintiff files the MTRD. Once the judgment is vacated, that's it. Have them send you a copy of the abstract showing the vacation and send that to the CRA's for deletion.Good Luck![Edit by IronMan on Friday, February 21, 2003 @ 03:06 AM] Link to comment Share on other sites More sharing options...
hollypc Posted February 21, 2003 Author Report Share Posted February 21, 2003 Thank you very much. Very, very helpful. Link to comment Share on other sites More sharing options...
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