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Vacating Judgments

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  • Vacating Judgments

    I need some help, please ! (waves at LadyinRed !)

    I filed my motions in Georgia state and magistrate court (I had a few) and got a letter back from the Deputy Clerk saying the judge denied them "because a discharge does not vacate the judgment, it just makes it uncollectable."

    Now what ?

  • #2
    Good morning! I'm afraid I can't be of much help.

    Laws vary by state. You need to review state laws and court rules to find out under what circumstances a judgement can be vacated. If bankruptcy isn't one of the circumstances, you may be able to get it vacated for other reasons, like if the judgement was entered after you filed BK or it is a default judgment that meets certain requirements. Another thing to look at is whether a satisfaction or release of judgement can be filed. But that might require the cooperation of the creditor. Depending on the amount of the judgement and whether it is affectign your credit score, it may be worth consulting with an attorney to see if anything can be done.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

    Comment


    • #3
      I definitely will try some free consultations. I was thinking the interpretation of the state judge is wrong. Discharge is done by the federal government, vacating is done by the local government. Federal trumps state. And I found this federal rule:

      Rule 60. Relief from a Judgment or Order
      (a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. But after an appeal has been docketed in the appellate court and while it is pending, such a mistake may be corrected only with the appellate court's leave.

      (b) Grounds for Relief from a Final Judgment, Order, or Proceeding. On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons:

      (1) mistake, inadvertence, surprise, or excusable neglect;

      (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

      (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

      (4) the judgment is void;

      (5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

      (6) any other reason that justifies relief.


      I don't know what judge this is, but I plan to get all my ducks in a row and send him a respectful letter. If it's the judge I think it is, he really doesn't like pro se litigants. He treated me very nasty during my divorce and delayed it, even though my ex signed the agreement.

      Comment


      • #4
        As long as the judgments are marked as "satisfied" or "discharged though Chapter 7 bankruptcy" with $0 balance remaining, why even bother trying to have them vacated? Any prospective creditor or prospective employer should be able to see that you have no judgments outstanding, which is all they really care about.

        Comment


        • #5
          Federal rules of court do not trump state rules of court. Federal rules govern how Federal courts operate and state rules govern how state courts operate. You need to be looking at state rules and the local rules of the court where the judgment was entered and the state civil code and code of civil procedure, which could be called other things in your state.

          A letter to the judge won't help. If the judge is wrong, you would file an appeal. If you discover that you should have requested something other than an order vacating a judgment or that your request should have been based on different grounds, you need to file a new petition.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment

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