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Judgement clarification... Vacate or Satisfied...


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Let's clear somethins up that I've learned from MY situation I've dealt with in the past 2 years! :D

When I started this trek I had these legal blunders on my CR's:

EQ- JUDGEMENT $4800

EX- JUDGEMENT $1699

TU- LEIN $250 & LEIN $250 State of NJ tax leins... I have no idea!

:cry:

It was very frustrating to say the least! :evil:

So I learned a few things while persuing this! First I called the judgement holder rfom the EX reprot and negotiated a settlement amount of $350 and it was deemed satisfied! It than hit the SOL and was dropped! :lol:

Now I dealt with NJ! Holy cow what a bunch of tards! <:)

I paid both and than disputed with TU as not mine! bam! gONE! :p

Now it was time for EQ.... This was sticky because it was rfom a former landlord and she was a real smart B#TCH! Nasty as they come! I called the court which held the documentation and ordered transcripts! I never was served but that didn't matter! I called to have it vacated and was told only the plaintiff can vacate a judgement if the court deems fitting. IS THAT TRUE? :?:

I finally negotiated a lower amount and paid her after she agreed and things went smooth to "SATISFY" this judgement. It appears your best bet in NJ or PA id to pay and dispute after satisfied. They seem not to care once you've made ammends. Does this sound right? Maybe some clarification from someone out there!

Thanks!

EDubb007! :twisted:

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I don't know in what state or court the judgment was entered, but every jurisdiction has provisions for vacating default judgments. So I would say the clerk gave you information that was accurate, but not complete. Plaintiffs do open judgments when they realize they made a mistake, or as a negotiated thing. But you, as a defendant, have the right to move teh court to open. Normally, you must show a reasonable excuse for not answering the complaint AND a meritorious defense to the action. I.e., it is not enough to say the plainitff nailed a copy to an old address door. And mostly, you must do this within a limited time. In NYS, it is 1 year. It is not a guarantee, either.

Clerks don't know all the procedural rules.

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@Recovering Attorney

Thanks! I'm hoping the other side (Providian/Sharinn & Lipshie) does not show-up, as they sold the debt Sherman Acquisistions earlier this year. It looks like the worst that can happen when I appear at the "Order to Show Cause" hearing is that they show-up and the judgment is not vacated.

I am willing to make arrangements to satisfy the judgment, but Sherman has yet to file the paperwork with the county clerk to assume the judgment. I can't settle with Providian, and won't contact Sherman until I am assured that they are in a position to negotiate.

On another thread, I was advised that I could pay the money into the court's registry in order to satisfy this, but have been told by (many) court personnel that this is not an option in New York. Any alternatives?

Kind regards,

James from Brooklyn

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I think you can pay the money into court. Sometimes this is done in connection with real property, where the object is to remove the lien of the judgment from the real property to the bucket of money. Happens with mechanic's liens. Can you do the same with a judgment? I do't see why not, although I haven't looked at the CPLR for that in a awhile. Becasue it is rare, most county clerks or court people will tell you you can't do it because they just don't know.

Of course, the question becomes: if you have the money, why not just pay the judgment? I suppose you could argue to teh judge that you want the money as security for any judgment that may accrue to teh plainitff on the trial of the matter, and that might be a good reason for him to agree to vacate the judgment on your motion.

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I don't have the money now, but expect to have it within 6 months. I want to be able to set-up a payment plan with the responsible creditor, but can't/won't do so until I am certain to whom I should be paying.

At the least, I want to satisfy the judgment. In that case, it would drop-off my CR's next year. I can live with that.

The motion to vacate is a gambit that I don't think will work, but I think it is worth trying. If I can get it vacated, it would disappear now.

Kind regards,

James from Brooklyn

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