tonktank

Can I get a judgement vacated after 5 years? Help

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I've been reading the forums but didn't find anything specific to my state on getting judgements vacated or how to do it.  We just went to refi our house and found out there is a judgement on my husbands Transunion report of a judgement from Capital one from 2010.  This is from WA state.  We finally found the judgement on the court page and there is a filing date of 1/26/2010 and a judgement on stipulation on the same date.  On 2/26/2010 there is another filing that says ORDER RE: SUPPLEMENTAL PROCEEDINGS
JDG0001 and at the end where the fee amount would be they have 04-12-2010MO. On the next line says

04-12-2010 CANCELLED: PLAINTIFF/PROS REQUESTED Cancelled: Plaintiff/pros Requested

3/07/2013 looks like they put in for a garnishment from our credit union then there was an answer to the writ and on 5/012013 it just says Release.

 

Does anyone know what any of this means.  Is this debt released and Transunion won't let it go?  Do I need to file a motion or is it too late? 

 

In Oct 2009 we moved to Denver and had renters in our home for a few months and were never served any papers.  Can we do anything at this point or are we stuck owing this to get it off the report?

 

Thanks so much for your help

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Possible FDCPA lawsuit against the atty for the sewer service. Check with an FDCPA attorney.

FDCPA one year SOL potentially extended to the date you found injury occurred.

 

In the case of FDCPA claims based on violations in connection with the filing of
legal actions, the statute runs from the filing of suit, subject to tolling if through the delay of
service, “sewer service” or the like the debtor does not learn of the violation in time to bring suit
within one year. Serna v.Law Office of Joseph Onwuteaka, PC, No. H-11-CV-3034 (S.D. Tex.
June 19, 2012).

http://600camp.com/wp-content/uploads/2013/10/Serna-v.-Law-Office-of-Joseph-Onwuteaka-P.C.1.pdf

 

The one year is subject to tolling under appropriate circumstances. Kubiski v.
Unifund CCR Partners, 08 C 6421, 2009 U.S. Dist. LEXIS 26754 (N.D.Ill., March 25, 2009).

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I'm going to.  It is only on the Transunion, the other two are good.  Any suggestions on the best form to use or how to word it.  Should I ask them to prove that my husband was served?  Or just to validate it

 

Thank you

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@tonktank

 

I would first call the court or contact an attorney to find out the meaning of the terminology used by the court.

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This is an old Capital One account and the atty is Suttle and Hammer I think.  They tried to sue my 13 year old daughter at one time for a Credit card.  My husband called the court and found it but it went from whats on the credit report as wanting 2600.00 to over 4000.00.  I am scared to write or call the atty for fear that will start a new clock.  I was reading that and I assume it would have to be my husband, can go down and look at the record to see if it was served?  Can I go and look or will they expect me to pay then and there. 

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Also am wondering if I can write the atty and ask for validation as well and see if they respond.  Any thoughts on that since they already have a judgement would it matter?

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Talking or writing to them will NOT restart the SOL! Only a payment in some states or a written promise to pay will restart it. So, no worries there.

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So do you live in Denver, or Washington? Who is the judgement against, you or your then 13 year old daughter?

You can go to the court and get a copy of the entire file. No you don't have to pay it right then, you don't owe the court.

Weather you can get it vacated or not depends on a couple of things. In Colorado you have 1 year. But it is 1 year from when you find it. I don't know wa rules, they may be similar. You would have to prove you didn't live there at the time, and maybe an affidavit swearing you knew nothing of this judgement until xxxx, and tell how you found out about it.

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We live in WA but had moved back to Denver for my husband's job. My husband has the judgement but this same attorney office tried to sue my daughter around the time we moved back to WA. It was ridiculous, I haven't a clue how they got that mixed up so I can only imagine how they run their business.

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