How Do I Get Rid of a Judgment?

If you have lost a legal suit involving a debt by not showing up or, if you did show up, but the judge ruled against you, maybe the judgment can be vacated. You would need to file a Motion to Vacate to begin the process.

If it is granted, a Motion to Vacate will suspend the original judgment and, at the same time, will request a new hearing. You will need to prepare for the hearing and will need to be ready to argue for dismissal of the case.

What Procedure Should I Follow?

The following steps will yield results if followed carefully (depending upon state law):

1. You will need to research the procedures of your state’s court system. This research will give you information related to how to write the motion and what reasons justify dismissing a judgment. This research is crucial to your case. It will give you information that will help to have the case thrown out on a technicality!

2. Complete your Motion to Vacate and take it to the original court that granted the judgment. File your Motion with the court clerk and determine if any additional documents need to be completed. You will probably need to pay a filing fee. Get certified copies and mail the original to the plaintiff by certified mail, return receipt requested. Your creditor or collection agency is more than likely the plaintiff.

3. Calendar the hearing so you don’t forget to appear! The hearing will be scheduled by the court clerk and the notice of hearing will be mailed to you. Therefore, make sure the court clerk has your correct address!

Thirty-five days are given to the plaintiff to respond to the motion. In some cases, the plaintiff may attempt to settle out of court or possibly not even appear at the hearing. You will win by default if the plaintiff does not appear in court!

You should demand that the creditor file dismissal paperwork and require that the judgment be withdrawn by the credit reporting agencies if your creditor wants to settle out of court. Be sure to commit your agreement to writing in the form of a legal agreement.

“Unpaid’ judgments are very damaging and “paid” judgments are not much better! Because of this you should do everything in your power to negotiate a complete deletion of the judgment from your credit report.

If the case does reach the hearing stage, preparation is key! You will need to be ready to prove the creditor wrong and trip him up. Because the creditor brought this case before the judge, the creditor is the party who will need to prove the merits of the case.

Some ideas moving forward include:

1. Be ready to attack the creditor’s documentation. For instance, demand that the creditor produce a copy of the original contract for the debt.

2. It is very important to review and understand your state’s statute of limitations laws. You may not have an obligation to pay the debt if the debt is outside of the statute of limitations. In this case, the matter will be dismissed.

3. It would be a good idea to hire a consumer credit attorney. Attorneys who specialize in this type of law have handled hundreds, maybe even thousands, of these same types of cases.

A judgment will ruin your credit score and possibly keep you from that job you have been waiting for. Whatever happens, try to avoid a judgment at all costs!

Man Fixed my Terrible Credit and Credit Score is up to 745. Lexington Law Works. See Documented Proof at www.lexingtonlawreviews.com