SQLguy Posted April 12, 2004 Report Share Posted April 12, 2004 I just wanted to see if anyone has had any success settling a judgment and getting the CA to file a motion to vacate the judgement. I'm working on a couple judgements and any advice would be greatly appreciated. Link to comment Share on other sites More sharing options...
Ravenous Wolf Posted April 18, 2004 Report Share Posted April 18, 2004 You might be better off doing a copy and paste of this post and putting it on the "Is There a Lawyer in the House" forum. Link to comment Share on other sites More sharing options...
SQLguy Posted April 19, 2004 Author Report Share Posted April 19, 2004 Will do Thanks!!!!!! Link to comment Share on other sites More sharing options...
Recovering Attorney Posted April 30, 2004 Report Share Posted April 30, 2004 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. Link to comment Share on other sites More sharing options...
SQLguy Posted May 3, 2004 Author Report Share Posted May 3, 2004 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? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted May 4, 2004 Report Share Posted May 4, 2004 I doubt you'd get them opened if they are that old Link to comment Share on other sites More sharing options...
SQLguy Posted May 4, 2004 Author Report Share Posted May 4, 2004 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 Link to comment Share on other sites More sharing options...
Recovering Attorney Posted May 4, 2004 Report Share Posted May 4, 2004 In NY, the post judgment interest is 9%, which is a pretty good ROI nowadays. So, I would multiply your judgement by 1.72 ( 8 yrs worth) and start there. Seriously, I wouldn't take less than the judgment amount unless you gave a pretty good reason why I shouldn't. Link to comment Share on other sites More sharing options...
SQLguy Posted May 4, 2004 Author Report Share Posted May 4, 2004 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? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted May 4, 2004 Report Share Posted May 4, 2004 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! Link to comment Share on other sites More sharing options...
SQLguy Posted May 5, 2004 Author Report Share Posted May 5, 2004 OK Thanks you so much for the help. Link to comment Share on other sites More sharing options...
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