matlock99 Posted March 18, 2007 Report Share Posted March 18, 2007 Hi there. First, let me say how happy I am to have found this site and community. The information I've found has been invaluable, and it's good to know that others may be in the same boat!I live in New York City and am currently in the process of trying to clean up my terrible credit report (average FICO score: 575). There are two judgements on my credit report -- NEW YORK CITY CIVIL CT in 2003 and NEW YORK COUNTY REG in 2004. I'm reasonably sure each of the charges is somewhat legit, but as I'm reading up, I think I may have a case to file a motion to vacate based on the fact that I wasn't personally served with the papers. One I remember nothing about, and one may have been served to a roommate.I have my life back together and am willing to pay the debt (about $5,000) total in full if I must; my prime goal is to get these off my credit reports. In reading up on NY laws about serving summons, it's unclear to me whether or not I have a case. Any advice? Thanks! Link to comment Share on other sites More sharing options...
IHateCAs Posted March 19, 2007 Report Share Posted March 19, 2007 Vacating the judgment just delays what may be the inevitable. Do you have a meritorious defense?You COULD, find a reason to vacate and then enter negotiations with the judgment creditor to have them dismiss the complaint in response for however much money. Then you can get the judgments off your report. Link to comment Share on other sites More sharing options...
matlock99 Posted March 19, 2007 Author Report Share Posted March 19, 2007 My defense would be that I wasn't aware that I had a summons. One I knew nothing about, and one was served to a roommate after the hearing date had passed. However, he and I are no longer on speaking terms, so I don't know that he'd testify to that. I am not trying to dodge my responsibilities; my main priority is getting it taken off my credit report. Would the motion to vacate reopen talks with the collection agency to get this taken off my report? If I went directly to the collection agency, would they even be able to remove it from my report if I worked out a settlement agreement with them? Thanks! Link to comment Share on other sites More sharing options...
matlock99 Posted March 19, 2007 Author Report Share Posted March 19, 2007 Sorry -- let me clarify -- one was served to a roommate prior to the hearing date, but I was only made aware of it by him after the hearing date had passed. Link to comment Share on other sites More sharing options...
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