ludwigman Posted July 15, 2013 Report Share Posted July 15, 2013 Kentucky My wife entered into an agreed judgement on April 8th of this year with Morgan and Pottinger of Louisville for a debt from Midland Funding. She had just gone back to work after 14 months of unemployment when the court papers were filed. When they submitted the agreed judgement to the court, they put that she owed $0.05 to them. This was signed by the judge and mailed to our home that week. Today, we received a copy of a motion to vacate filed by M&P claiming a clerical error. Obviously, they figured out that the $0.05 was incorrect. This has obviously not been signed by a judge, YET. I need advice on what I should do. Can they get the agreed judgement vacated 96 days after it was entered and agreed to and signed by the judge? Should we contest this motion? What is my next step? Thanks in advance for your help! 1 Link to comment Share on other sites More sharing options...
racecar Posted July 16, 2013 Report Share Posted July 16, 2013 You would be the first defendant ever to file a Motion Not to vacate judgment. 1 Link to comment Share on other sites More sharing options...
ludwigman Posted July 16, 2013 Author Report Share Posted July 16, 2013 You would be the first defendant ever to file a Motion Not to vacate judgment.While I agree that this may seem counter-intuitive, they only want to vacate this judgement so that they can refile for a higher amount claimed owed. I would have a pretty hard time arguing standing in the same court, given that they had an agreed judgement previously. I guess what I'm asking, is there a way for me to show that we paid the agreed upon judgement amount and get them to accept it? 1 Link to comment Share on other sites More sharing options...
racecar Posted July 16, 2013 Report Share Posted July 16, 2013 Just a matter of time MOTION FOR CORRECTING JUDGMENT OR MONEY AWARD Link to comment Share on other sites More sharing options...
Seadragon Posted July 17, 2013 Report Share Posted July 17, 2013 Kentucky My wife entered into an agreed judgement on April 8th of this year with Morgan and Pottinger of Louisville for a debt from Midland Funding. She had just gone back to work after 14 months of unemployment when the court papers were filed. When they submitted the agreed judgement to the court, they put that she owed $0.05 to them. This was signed by the judge and mailed to our home that week. Today, we received a copy of a motion to vacate filed by M&P claiming a clerical error. Obviously, they figured out that the $0.05 was incorrect. This has obviously not been signed by a judge, YET. I need advice on what I should do. Can they get the agreed judgement vacated 96 days after it was entered and agreed to and signed by the judge? Should we contest this motion? What is my next step? Thanks in advance for your help!Pay the judgment ASAP! via money order or at the court. This is a signed judgment as soon as you pay it the court loses jurisdiction. So pay it. and oppose the motion after it is payed. Quickly now. I wish you had paid that sooner. send it next day air with a nickel in it. and a letter as agreed here is your nickel. Link to comment Share on other sites More sharing options...
Torden Posted July 24, 2013 Report Share Posted July 24, 2013 Appear before the judge with your nickle. Link to comment Share on other sites More sharing options...
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