sparky256DSL Posted April 3, 2008 Report Share Posted April 3, 2008 Pops is set up to pay $50/month on a $1700 judgement. He pays directly to law firm, collecting for an old Apt that charged for damages to the Apt. He pays $50/month and at this rate will never get it paid off. They can not get a garnishment on him because he already has one and the garnishment is only for $25 a pay check on a $10,000 back child support debt (again never going to get paid off). So I figured I try and figure a way to have them dismiss/vacate this judgement. I wrote them a letter asking if they could dismiss/vacate the judgement if he agrees to have the entire debt paid within the next 3 months. The law firm wrote back stating he (I) must be confused because they can not dismiss or vacate a judgement once it has been entered. The only thing they can do is update the status to satisfied or un-satisfied. Is this correct? I thought since they filed, they could request it be dismissed. I'm not a lawyer but I would assume they would have some say over what happens regarding a judgement they were awarded. What is the correct terminology I should be using in this situation? Dismissed or Vacated or both? What exactly should I be asking them to do?Thanks Link to comment Share on other sites More sharing options...
admin Posted April 3, 2008 Report Share Posted April 3, 2008 When was the judgment granted? Most states only allow a 1 yr window to file a motion to vacate. Link to comment Share on other sites More sharing options...
sparky256DSL Posted April 3, 2008 Author Report Share Posted April 3, 2008 Well it has been past a year but can't they still dismiss it as part of a settlement agreement? Link to comment Share on other sites More sharing options...
admin Posted April 3, 2008 Report Share Posted April 3, 2008 Nope. And I'd still check what the SOL on filing a motion in your state. You never know. Link to comment Share on other sites More sharing options...
m2aclark Posted April 4, 2008 Report Share Posted April 4, 2008 Bear in mind vacate and satisfy are very different. Vacate is a matter of law and has to be done through the courts. Good advice on checking your states SOL for motions, but you're probably out of luck and they are not fibbing about marking satisfied or not marking.I have heard in some cases where debtors have sent a dv to the court (the judgment originates there and I have heard can be disputed this way) I personally do not know anyone who has done it that way, but i'm sure just mentioning it will get someone knowledgeable on here to support or refute that. Link to comment Share on other sites More sharing options...
sparky256DSL Posted April 4, 2008 Author Report Share Posted April 4, 2008 I read on a website that you can ask the JC to dismiss in exchange for payment. Otherwise there is nothing we can do about judgments once they are filed.Admin: I spoke with an attorney on an issue with my wife having a different judgement and he said there is a one year mark to file for a vacate but he said he and most other lawyers will not file unless there was improper service since this is the only "real" way to ensure it will be vacated. I just think it sucks that uneducated people can be taken advantage of by JDBs and other collection types.I have a buddy that use to work for a server (PI) and he has told me of shady dealings between his boss and JCs. Before starting my repair journey I never thought much of it but now I have been enlightened to the real world I guess. Why are the courts so reluctant to give a person their day in court on the possibility that they were not properly served? Instead they take the servers word and my buddy is no gem. Heck I know of a time he wrote a fruadulant check to his work and cashed it for himself. By fraudulant I mean the entire check was made up with no real information. Now I ask how he could possibly be a good person to deliver court papers. Link to comment Share on other sites More sharing options...
sparky256DSL Posted April 7, 2008 Author Report Share Posted April 7, 2008 Anybody? Link to comment Share on other sites More sharing options...
spunk999 Posted April 8, 2008 Report Share Posted April 8, 2008 I will be in the same boat as you soon (once i have the money to pay the judgement off) I researched the options in my situation which will be similar to yours, and these are two sites I bookmarked to help me - maybe the information will help you now - if they do, can you post here and let me know!? Thanks!http://voidjudgements.net/http://paperadvantage.net/AttackingAVoidJudgment.html Link to comment Share on other sites More sharing options...
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