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Can an OC do anything to remove/drop/rescind a judgment?


hinky
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Such as filing certain paperwork with the courthouse?

Or is having it vacated in court the absolute only way?

I was just wondering if there is any possibility at all of working something out with the OC. The judgment is valid and I am willing to pay it; however, I didn't incur it by myself. It is from an apartment that I moved out of. The ex bf got new roommates and several months later they were evicted (so technically so was I). I do accept that I am to blame for not working with the landlord to get out of the lease. Now this thing is stuck on my credit file and I get to pay for it all by myself. It's from 2003 and in Oklahoma. I never saw the summons, but I don't believe any judge is going to tell me I don't have to pay this, so I'm not going to go the Vacate route.

Sorry if this is a ridiculous question - 2010 just seems so far away. :(

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Is the OC the judgment creditor?

Yes.

You state you didn't incur the obligation by yourself. Who else do you believe is obligated and why?

The other person who was on the lease has just as much obligation to pay this as I do. But - 1) I know he won't, and 2) I have no idea how to contact this person (and I kind of like it that way).

Thanks for the reply.

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I'm not sure if this would work or not, but maybe you could get the judgment vacated due to improper service and then have them re-serve you, they would have to list the other party on the summons as well if they were on the lease, they are then obligated to respond. But then again, what do I know?

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If I read your original post correctly, you were asking if you could work with the creditor to have them remove it, like a pay for delete situation, I guess? If that is the case, why don't you get the OC to agree that if you pay the judgement they will not oppose your motion to vacate?

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If I read your original post correctly, you were asking if you could work with the creditor to have them remove it, like a pay for delete situation, I guess? If that is the case, why don't you get the OC to agree that if you pay the judgement they will not oppose your motion to vacate?

When you file a motion to vacate it just reschedules your court date, not dismiss the case.

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  • 2 months later...

Hinky,

Just a thought in case you haven't resolved your problem...you said that the debt is in another state...I wouldn't react too quickly. I don't think that if you reside in let's say Calif. that Oklahoma can come after you to make you pay the judgement. Check around, but I had a similar situation and they cannot come after you if you no longer live in that state.

How old is the debt? I'd think about the SOL if it's old enough. Maybe the best reaction is no action....

Just thought I'd throw that out there.

About the ex, remember, what comes around, goes around...

This is only my opinion.:-)

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