snowdrift456 Posted October 30, 2007 Report Share Posted October 30, 2007 I have been reading http://www.creditinfocenter.com/legal/VacatingJudgments.shtmland I have a question.I have disputed this with all three Credit Buearu and came back verified.Do I need to send the Sample letter 16 - Motion to Vacate letter to the court system? Or start with the Collection Agency (plaintiff)? In the letter it states2. I request that the judgment entered in this action be vacated for the following reasons:the collection agency never responded to my request for validation, therefore never giving any proof that the debt was mine under the FDCPA. The amount of the debt exceeded the state's usury interest limitsThat is saying that I have already attempted to Validate the debt with the Collection AgencyI don't even know what this judgment is for and not even sure it was properly served with the correct documentation. Thanks in advanced. Link to comment Share on other sites More sharing options...
Big Time Posted October 30, 2007 Report Share Posted October 30, 2007 You need to go to the court and file a motion to vacate judgement due to lack of service. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 30, 2007 Report Share Posted October 30, 2007 You need to figure out what you want to do. If this is about getting a judgment off a CR, well...You need to get a copy of the court file to see if there is a defenseIf so, and you could get it vacated, are you prepared to defend the action?If so, are you prepared to settle or possibly lose again? Link to comment Share on other sites More sharing options...
Big Time Posted October 31, 2007 Report Share Posted October 31, 2007 I forgot about that. When you motion to vacate, you need to also file an answer at the same time as if the lawsuit had just started. Your defense will give your MTV leverage. Link to comment Share on other sites More sharing options...
snowdrift456 Posted October 31, 2007 Author Report Share Posted October 31, 2007 If so, are you prepared to settle or possibly lose again? The judgement is paid I just want it gone. Whats the worst that could happen if I lose?I just don't think it was processed correctly going on that the CA does't have the documentation.What is filing an answer? Got an example?Thanks again. Link to comment Share on other sites More sharing options...
Recommended Posts