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Settling Judgements and getting them Vacated


SQLguy
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  • 2 weeks later...

I am a lawyer and I have vacated judgments in the past. It's a little bit of work on the lawyer's part, so be ready to compromise for it. Don't let them tell you it can't be done!

If they took a default judgment against you, and less than a year has passed, you might be able to make a motion yourself to open the judgment.

Make sure you get a discontinuance and mutual release from the other side.

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Thanks,

The judgements are actually coming up on seven years old. The statute of limitations in Utah is 8. Taking these circumstances into account, what percentage of payment would you normally require to vacate?

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Thanks !!! Ok so worst case scenario and I cannot get them vacated. I know each collection agency and Attorney is different, but in your experience, would you be willing to take a settlement for a situation like this and what would normaly be the percentage that you would be willing to accept. The judgement balance right now is around 3000

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Ok I really appreciate all of your help. Judgements seem to be a complicated issue. I have one other question, if you don't mind.

I know in Utah, a collection company has to be licensed as both a business and a collection company. I also know that title 12-1-7 of the Utah Commercial code, exempts Attorneys and banks from having to be registered and bonded.

According to an Entity search, this company has not renewed their collection license. Would this prevent them from being able to collect on a judgement?

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You could cause them some trouble. Check with your State to see if they are an active corporation. If not, they might be allowed to sue you ( can CA's sue in Utah?). As for the unlicensed part, I'd complain to your Attorney General, Consumer Protection Board, licensing authority and file a complaint with the FTC ( there's an online form at ftc.gov). You might not get anything out of it, or you might scare them into talkoing to you. Good luck!

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