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Motion to Vacate Judgment

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  • #16
    good info I, so all you need to do then in florida is provide the discharge and have it recorded as the same as the motion to vacate, wow. i'd go for a cancellation of judgment, sounds good to me, it's like null and void then.

    no the internet doesn't provide any details with respect to how one goes about it in florida. i suppose ours was easier since the our motion was filed in nj since that is where the judgments were recorded, and although, we filed bk in florida.
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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    • #17
      Originally posted by tobee43 View Post
      good info I, so all you need to do then in florida is provide the discharge and have it recorded as the same as the motion to vacate, wow. i'd go for a cancellation of judgment, sounds good to me, it's like null and void then.
      Yes, it's not too complicated. First, I have to go to the BK court and get a certified copy of my BK-papers and attach that to my petition. There will be a meeting at court and when the petition is granted, I can record the cancellation. And yes, a cancellation is the same as vacating.

      Originally posted by tobee43 View Post
      i suppose ours was easier since the our motion was filed in nj since that is where the judgments were recorded, and although, we filed bk in florida.
      Yes, that's exactly what I meant. The "key" to success is the federal BK where it really doesn't matter we you filed - but the "lock" depends on the State. Seems that NJ was easier to "unlock".
      Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
      FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
      FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

      Comment


      • #18
        it is true it does vary from state to state. but truth be said, no matter what state your judgment originated from, you need to get it cleared off the record or it will sit there forever and a day and come back to bite you some what or another. maybe not today or tomorrow, but it certainly does have a way of popping it's ugly head out when one least expects it.
        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

        Comment


        • #19
          Originally posted by tobee43 View Post
          it is true it does vary from state to state. but truth be said, no matter what state your judgment originated from, you need to get it cleared off the record or it will sit there forever and a day and come back to bite you some what or another. maybe not today or tomorrow, but it certainly does have a way of popping it's ugly head out when one least expects it.
          Oh, no doubt about that..
          Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
          FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
          FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

          Comment


          • #20
            Originally posted by IBroke View Post
            Oh, no doubt about that..
            i wish you the best getting you're canceled or removed or however they do it in florida!
            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

            Comment


            • #21
              Originally posted by tobee43 View Post
              i wish you the best getting you're canceled or removed or however they do it in florida!
              Thanks!
              Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
              FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
              FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

              Comment


              • #22
                For those who are in Arizona, here is a link to a form used by the courts to vacate a judgment...

                http://www.superiorcourt.maricopa.go...ent_packet.pdf
                The world's simplest C & D Letter:
                "I demand that you cease and desist from any communication with me."
                Notice that I never actually mention or acknowledge the debt in my letter.

                Comment


                • #23
                  Ooops!

                  They have changed their website!

                  Here is the new link to the motion to vacate judgment in Maricopa County


                  http://justicecourts.maricopa.gov/Ho...ent_packet.pdf
                  The world's simplest C & D Letter:
                  "I demand that you cease and desist from any communication with me."
                  Notice that I never actually mention or acknowledge the debt in my letter.

                  Comment


                  • #24
                    Originally posted by tobee43 View Post
                    have you re-filed the motion since a year has now past?
                    UPDATE:

                    I filed the 55.145-petition TODAY. I finally went ahead and drove to the courthouse and took care of it. Meanwhile, the second CRA already took the judgment off my file and now, only TransUnion is left. I still decided to go ahead and file my petition - also a bit out of curiosity how it's going to play out this time. "Learning by doing", so to speak, since I'll probably have to do the same for my mum once she gets her discharge.

                    A few weeks ago, I obtained the required certified copy of my BK-discharge. This certification cost me $30. When I filed today, another $50 were due ("reopening-fee") because they closed this case after the denial of my initial motion 2 years ago. After that, I went to the closest USPS-office and mailed out two CMRR-letters to the other parties (Plaintiffs) involved.

                    I'm really hoping I did everything right this time. Although 55.145 is quite clear about what I have to do, there are still some "unknowns". I'm hoping that the way (CMRR) I "served" the other involved parties will be considered sufficient. 55.145 says "The petition (..) shall be served upon the judgment creditor in the manner prescribed for service of process in a civil action."

                    Frankly, I don't know what that means and IMO, obtaining the assistance of the Sheriff's office or a certified process server for a formality in regards to an already discharged judgment is a bit "over the top". Once all parties participate at the hearing, it would also be a silly point from the other party to ask for a denial of my petition because they weren't served "accurately". After all, they made it to the hearing.

                    I was just wondering because the lady at the court-house first told me that a petition would require "official" serving and a motion would not. She wasn't sure though and asked another lady. When she came back, she simply asked for the 50 bucks and wished me good luck.

                    I'm also not 100% sure what's going to happen next. When I filed the motion, the Plaintiff informed about the hearing date. Will this be any different this time because it is a petition and not a motion?

                    Well, let's see what happens..
                    Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
                    FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
                    FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

                    Comment


                    • #25
                      it's so totally different here in florida. our motion was accepted the atty went to the hearing and it was done.

                      why it's important is when someone does a real true "search" on you, it will come up. it doesn't matter much about the credit reporting agencies. if you go to buy a home they check all the court records and that is when having this removed really counts to your favor.

                      i think you should be fine. what a hassle you had to through. sorry but it will be great to have it officially off the record.
                      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                      Comment


                      • #26
                        Originally posted by IBroke View Post
                        Frankly, I don't know what that means and IMO, obtaining the assistance of the Sheriff's office or a certified process server for a formality in regards to an already discharged judgment is a bit "over the top". Once all parties participate at the hearing, it would also be a silly point from the other party to ask for a denial of my petition because they weren't served "accurately". After all, they made it to the hearing.

                        I was just wondering because the lady at the court-house first told me that a petition would require "official" serving and a motion would not. She wasn't sure though and asked another lady. When she came back, she simply asked for the 50 bucks and wished me good luck.
                        The other lady probably told her that she can't tell you what is or isn't required because that would be legal advice.

                        It's important that you make sure you serve the Petition correctly. I think you are right that if the creditor shows up, an objection based on you not serving them correctly would not likely be successful. But, the creditor very well may not show up, in which case the judge may not vacate the order if you did not perform service properly.

                        I am not familiar with Florida Civil Procedure, but I did a Google search and suggest you read Florida Rule of Civil Procedure 1.080 which refers to Florida Rule of Judicial Administration 2.519
                        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


                        • #27
                          lady is very correct here. some judges are just sticklers about it all, while others may give you some leeway. the nature of the petition itself is relatively benign, so hopefully it will fly through.
                          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                          Comment


                          • #28
                            Originally posted by LadyInTheRed View Post
                            I am not familiar with Florida Civil Procedure, but I did a Google search and suggest you read Florida Rule of Civil Procedure 1.080 which refers to Florida Rule of Judicial Administration 2.519
                            Thanks, Lady!

                            (b) Service; How Made.
                            (...)
                            Service by Electronic Mail (“e-mail”). All documents required or permitted to be served on another party must be served by e-mail, unless this rule otherwise provides.
                            (...)
                            If a party not represented by an attorney does not designate an e-mail address for service in a proceeding, service on and by that party must be by the means provided in subdivision (b)(2) of this rule.

                            Sounds, though, that this applies to me:

                            (2) Service by Other Means. In addition to, and not in lieu of, service by e-mail, service may also be made upon attorneys by any of the means specified in this subdivision (b)(2).
                            Service on and by all parties who are not represented by an attorney and who do not designate an e-mail address, and on and by all attorneys excused from e-mail service, must be made by delivering a copy of the document or by mailing it to the party or attorney at their last known address or, if no address is known, by leaving it with the clerk of the court. Service by mail is complete upon mailing.


                            I'd say my serving via CMRRR sounds sufficient. If I can prove that they signed for delivery of my petition, I should be covered. I simply wasn't sure if I needed some kind of certified serving-service. Doesn't seem to be the case..
                            Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
                            FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
                            FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

                            Comment


                            • #29
                              Originally posted by tobee43 View Post
                              lady is very correct here. some judges are just sticklers about it all, while others may give you some leeway.
                              Oh, indeed. Two years ago, I was convinced that getting the judgment vacated was a piece of cake. Well, with a different judge and/or plaintiff, it might have been..

                              Originally posted by tobee43 View Post
                              the nature of the petition itself is relatively benign, so hopefully it will fly through.
                              Absolutely. It will be very difficult - if not impossible - for the other party to come up with a legit reason (other than a formal error) why my petition should be denied. I remember that I had a longer discussion with an attorney about this topic when my initial motion was denied and he told me that this specific state law was very strange and somewhat in conflict with Federal law. Here's an interesting thing: By asking for a denial of my petition the judgment creditor could be considered in violation of the permanent BK-injunction. After all, by asking for a denial, he is insisting on a non-discharge of an already discharged judgment. Based on Federal law, any judgment IIB is void upon discharge.
                              Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
                              FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
                              FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

                              Comment


                              • #30
                                Update:

                                Today, the other two parties involved received their copies of my petition I filed on Monday. Tracking on USPS confirmed the delivery and I should receive the return receipts probably by Friday.

                                I guess that does the job from my side in regards to properly serving them.
                                Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
                                FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
                                FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

                                Comment

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