mariamne7

Attorney agrees to vacate, but there's a catch

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I lost to Midland and, although I really wanted to appeal, I decided to just take my lumps and pay. BUT I wanted to try to get the judgment vacated in return for paying.

 

I sent a letter to the law firm that won a judgment against me asking them if they could vacate the judgment after I paid in full. They called me yesterday (2/19) said since judgment was entered on the 6th, they only have until today to vacate so I would have to get certified payment to them by today. The person I spoke with (not a lawyer) said that if I couldn't make payment by today, all they'd be able to do is file that the judgment was satisfied.

 

I had 14 days to appeal before the judgment was entered as final so I assume this is the 14 day period they are working with to vacate. I'm also assuming that their vacation of it would me more like a dismissal. What I was asking them, in reality, was if they would file under Rule 60(b)5 - vacation of satisfied judgment.

 

The problem I have is that I can't get the cash together and drive 2.5 hours to their offices today. I have the cash, but I have an ATM withdrawal limit and I can't get a cashier's or certified check because the closest branch of my bank is 3 hours away!

 

I sent them a fax this morning asking if they would agree to accept debit card payment and file a motion to vacate today and if not, could we just file under Rule 60(b)5 after I had paid the judgment. I have not yet heard back.

 

I don't think I have much choice since I can't get the money together and make the drive today. I guess if I can't get them to agree to take a debit card payment and move to vacate today, I'll just pay when I have the money together and then file a motion to vacate myself, but I'll be really disappointed if my motion fails.

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As an update (if anyone is interested), they got back to me and said they'd file a motion to vacate with the court after payment posted, but it would be at the judge's discretion to vacate or not. I got this in writing, and made payment via debit card. The guy who was managing my account was really nice and said that as soon as payment posted they'd send satisfaction of judgment to the court along with the motion to vacate - probably on Monday. Fingers crossed. In an ideal world, it'll be vacated before it ever hits my CR. In a less ideal world, it'll hit my CR as paid, then disappear when (if) the judge vacates. In a non-ideal world, the judge refused to vacate and I have a paid judgment on my CR. It is now out of my hands.

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They always say "oh it has to be in by today"  That is one of their tactics to get you to pay now before you change your mind.  Even if you took your sweet time and paid it, they would have to file it with the court saying it was satisfied.  I know you want it to not be there at all, but I wouldn't count on it.  The courts enter the judgement, they don't really have much to do with it until it is paid, then they file the paperwork to say satisfied.  

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