The Oc Agreed In Writing To File A Motion To Vacate,but Instead Did Order To Satisfy

[kashta]

So here's an interesting one...don't know if it's been addressed before but here goes:

There was a default judgement filed against me...by the time I found out, it was already too late...the judgement was valid, I knew I owed it but tried my best to mitigate damages. I hire an attorney and arranged settlement with the OC's attorney. They agreed in writing to file a "MOTION TO VACATE JUDGEMENT" if I agreed to pay an amount approximately $700.00 less than the judgement amount. I did so in the time alloted to me and instead of filing a motion to vacate, the OC filed an "ORDER TO SATISFY JUDGEMENT"...after receiving the subsequent paperwork from the original creditor's attorney, I called to dispute and the attorney told me they were one in the same.

I have since disputed the reported judgement with Equifax and TransUnion and they have verified the judgement as satisfied and paid respectively.

What is my recourse against both the OC and to further my efforts in removing the judgement with both the CRA's?

[LUEser]

Okay, so here's the question.

You have it in writing, but did you include in the contract you sent to them that failure to vacate would result in their liability to you for any sustained damages, or a fixed monetary amount?

Better yet, can you post what exactly the contract that they signed said?

[Diane08]

They most certainly are not "one in the same".

Vacating a judgment makes it go away, and off your credit reports. Satisfying a judgment means that they will report that you paid to "satisfy the judgment", and it will still show up on your credit report as a "Paid Judgment", which can stay on for 10 years.

If you have in writing (or your attorney does), then you can file an Order to Show Cause for them to vacate the judgment---providing you can show the documents in which they say they will file a Motion to Vacate the Judgment.

It sucks that these collection agencies pull this crap, and that you have to do more work than you should have to---but, they don't make things easy. They attempt to deceive you, relying on the fact that people don't know the difference. Of course, it is more work for them to file Motion to Vacate the Judgment than it is to just Satisfy the Judgment, and they don't want to do more work.

If you have/had an attorney, they should be able to handle this. If not, then just do an Order to Show Cause to have the judgment vacated---provided you have the letter from them that says they would do the Motion to Vacate if you paid them. Put it in there as an exhibit, and let them oppose the motion----it will be hard for them to defend themselves against that.

[Diane08]

Sorry---I had to go back and read your post again.

Only a court can issue an "ORDER", not an attorney. So, they must have submitted something to get that order, which should have been forwarded to your attorney. According to what they said in their letter, it should have been an Order to Vacate the Judgment, not an Order to Satisfy Judgment. Get in contact with the court, get the paperwork, and find out what the deal is. It is possible that the court made a mistake too----the clerks have so many things to enter, they make mistakes too.

If it truly is an Order to Satisfy, and they did not file a Motion to Vacate, I am not quite sure what you do then, if the Order was already issued. Get in contact with your attorney---he/she will know better than me. Your lawyer should have received a copy of their Motion too.