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Calawyer or Bingo question kb9tbq sent me your way


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Can either of you clarify this for me? and i guess the real question is can i get a released satisfied judgment off by doing a motion to vacate or do i need to dispute it as not mine (which it belonged to my ex but i paid it and since we were married at the time it showed on both) so here is my previous post. sorry it might be long.

First I would like to say that the people on this board are outstanding!!!, and after reading post after post, here is my question (and I hope this won't be a stupid one) i live in the state of va and i went to the court house to see if i could get a motion to vacate and the clerk told me that they didn't have such a "form" but what I could do is a letter to the court and have the plantiffs in the judgment served to appear also to show cause why the judgment should not be "released" Does this sound right. If there is an attorney around that could point me to the proper forms for the state of virginia. thank you for your help

and from kb9tbq:

Released / Satisfied: means that you have paid the judgment. This does not affect the reporting time with the CRAs. It will still stay on 7 years from the file date.

Vacate / Vacation of Judgment / Dismissed: Means that you get the judgment thrown out like it never existed. And it gets removed from the credit reports all together.

Would recommend contacting the states attorney and asking them what needs to be done just to be sure on the matter.

Calawyer or Bingo should be able to answer this question for you in the section Is There A Lawyer In The House. Usually throwing their name in the Topic will get their attention. Calawyer is a bit slower to answer but definately a good source so have patients.

THANKS FOR YOUR HELP :)

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Thank you calawyer and kb9tbq. question to calawyer, if default do you mean that the judge ruled for the plantiff then yes, but that was because i didn't get the notice of service and does it matter if i paid if the date of the judgment was entered in 1998 and due to drop off in 2005, but would like to see if i can get it removed before then. kb9tbq you have been such a big help thank you so much

:D

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<blockquote>Originally posted by ineedhelp2

Does it matter if I paid; if the date of the judgment was entered in 1998 and due to drop off in 2005, but would like to see if I can get it removed before then.

Yes, what you have is definitely a default judgment entered. Failure to appear in court automatically defaults in favor of the plaintiff.

I think you might be stuck there; usually there is only a certain amount of time - to dispute for dismissal on a judgment.

And the fact that you paid this might make the subject of dismissal mute - I might be wrong. But gut tells me this might just be the case for you.

Now, you can't rule out the possibility of negotiating with the plaintiff for dismissal of the judgment (they have the means & might be approachable on the subject).

And then finally, you always have the means of disputing with the CRAs as not your judgment to see if you can bump the public record off the report this way. Very possible others have done just that.

So you are not out of the game yet on this.

Calawyer - this sound right to you, please set me straight if I am wrong on this.

</blockquote>

[Edit by kb9tbq on Saturday, June 7, 2003 @ 10:17 AM]

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Yes, a default judgment is the type of judgment that is entered when the defendant does not respond to the complaint. Check the link I gave you and see if yo have waited too long to bring the motion.

Personally, I do not believe it is proper to vacate a paid judgment (at least in California). However, if you serve the motion on the plaintiff, and the plaintiff does not respond, sometime a court will grant your motion simply because it is unopposed. I suppose it is always worth a try.

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