fried Posted May 17, 2013 Report Share Posted May 17, 2013 Greetings: Is there any way to get a default judgement vacated and removed from the record after so long a time has passed? We settled the bill before the default judgement was received. Unbeknownst to us, the wheels were already in motion, and although the debt was settled in 12/2009, the original creditor was able to secure a default judgement in 3/2010. There is evidence to suggest that an "acknowledgment of satisfaction of judgementt' was submitted in 2/2010, but was rejected by the court because there was no judgement at that time. An EJ-100 was submitted and entered into the record in 10/2011. Since the debt was settled before the default judgement was obtained, seems like there should be some way to have it removed, but I know there are short windows of time to address that. If there is no way to have the judgement removed, can I request, successfully, the credit reporting agencies remove it from their records? Thank you for any adive you can provide. Link to comment Share on other sites More sharing options...
shellieh98 Posted May 18, 2013 Report Share Posted May 18, 2013 You can check with the clerk for the form, but file a motion to vacate along with your proof the debt has been settled. I doubt they will object to it if all the debt is paid. If there is anything stil owing, they may object to it until the debt is completly paid. Link to comment Share on other sites More sharing options...
Seadragon Posted May 20, 2013 Report Share Posted May 20, 2013 If the default is over a year old the caselaw states that the motion to vacate will be untimely in excess of a year. But it never hurts to file the motion to vacate because if the judgment is void it is vacateable Link to comment Share on other sites More sharing options...
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