Motion to Vacate Judgment

[Pjmax]

I could be wrong, but doesn't someone have to draw up the Order for the judge to sign? I don't know if a letter will do, I think you need the signed Order to file with the court, and you will probably want to send copies to the CRA's to have it removed.

Edit: Sheesh!! I forgot to say CONGRATULATIONS!!!

[IBroke]

UPDATE:

So, I had my hearing in front of the judge this morning at 9:00 AM. I had to wait for 5 minutes before I was called into her office (BTW, it was the same judge who - today I know rightfully - denied my initial motion to have the judgment vacated).

She asked me to state my case. All I did was stating that I've been discharged in January 2011 and after that, I just repeated the Florida Statute 55.145 which was on my petition and told the judge that this was basically all I'm asking for. She said "sounds he's right" and "Petition GRANTED".

I'm not 100% sure if the other party was involved as well but I do know that somebody was on the phone with the judge - either shortly before I made my case or also during my statement (that's what I suspect because when she said "sounds he's right, she was obviously talking to somebody else). I do believe that I caught a glimpse of the conversation between the party on the phone and the judge when I entered the room. The other party said something like "we don't have a legal (claim/argument?) - we just don't agree". If that was indeed the other party, an objection to my petition would have been too funny because it was THEM who claimed that 55.145 applied and were granted the denial of my initial petition based on that law. I would have reminded them of that. Well, seems even they can't have it both ways. Today, 55.145 worked in MY favor.

After that, she asked if I would have an order she could sign - I didn't because I didn't want to appear presumptuous. So I guess I will receive my "victory letter" in the mail. As soon as I have it in my own hands, I will investigate what I have to do to file it with the local clerk and after that, I'll wait a few weeks before disputing the judgment on my TransUnion file - the only bureau believing that it's necessary to keep judgments on file after a BK AND reporting the full liability-amount which, IMO, is ridiculous.

I certainly don't want to tap on my own shoulder but I do have to admit that I'm a bit proud of managing to pull this off without an attorney. It wasn't easy and a lot of trial and error and various obstacles (and a defeat) were involved. At one point, my entire petition got lost after filing and I had to provide copies to get back on track. But I have to say it was worth it.

A few days ago, I received a score-alert from myFICO and I couldn't believe that my TU-score was back up to 694(!!) - although my current utilization is at 45% AND I still have 8 charge-offs on file PLUS the yet-to-be removed judgment in addition to my BK. Reading the notation "You're FICO score is good" also brought a smile on my face. I thought to myself "long time no see"..

So all in all, I'm hoping that I could provide some assistance for others who want to accomplish the same and to those who are not sure if BK is the right way to go. Why I can't answer this question for other members, I sure can tell that there is nothing to be afraid of and that your credit isn't ruined forever, either. So almost exactly 3 years after filing, the light at the end of the tunnel is super bright...

[anykey]

can someone help me find a form for PA?

[tobee43]

That could be the case. Throw in the improved utilization and I'll be back in the 700-club, too.

i sure you will! at least this time you know what to expect. that always helps.

[IBroke]

no way????

yes, you right, as soon as they come off it will most likely come up maybe even 50 points??

That could be the case. Throw in the improved utilization and I'll be back in the 700-club, too.

[IBroke]

i wonder how that one person from florida got theirs and you didn't ? odd; right.

Simple: His opposing side didn't bother to object - mine did.

It is odd and shows that it doesn't always come down to the law itself. Sometimes it's just luck (or the lack of just that). It depends on the parties and judges involved. If the attorney of the other party wouldn't have objected my motion, my judgment would already be vacated - just like the one from the other guy - ALTHOUGH I know by know that the basis of my motion wasn't valid. But if everybody agrees, nobody actually cares if the quoted law applies in the first place..

[tobee43]

Funny you mention that!

When my initial motion was denied, I actually investigated this subject on a couple of different forums - prior to my filing because I had no idea about this subject. In fact, I never filed anything before with any court in my whole life. Some people told me that there is no way to have a judgment vacated simply because it was IIB - a different user from Florida filed exactly the same motion as I initially did - his motion was granted right after discharge - mine was denied.

i wonder how that one person from florida got theirs and you didn't ? odd; right.

[tobee43]

LOL - problem is: They ARE up to date!

I haven't focused on my utilization lately because I'm not planning any major purchases. However, I'm focusing on a new car in about two years and starting to save some money. Instead of just putting in on my savings-account, I've decided to play with it and use it for my utilization (pay off balances prior to closing-date and use the cards instead of my checking-account to pay for groceries and utilities). By doing so, I'll save almost $100/month on interest and increase my chances on some nice CLIs in the future. THAT should get the "update" on my scores I'm looking for - in addition to the removal of my old derog. accounts.

no way????

yes, you right, as soon as they come off it will most likely come up maybe even 50 points??

[IBroke]

i'd remember this thread so well because it was when i learned that in florida it had to be 1 year after discharge, i remembering it being really odd to me since i thought this is a federal bk court so why was it different in nj where you can file your motion to vacated immediately after the discharge.

that's why it''s so important always to check you state and local laws! one is always learning that's also what is so great about this site

Funny you mention that!

When my initial motion was denied, I actually investigated this subject on a couple of different forums - prior to my filing because I had no idea about this subject. In fact, I never filed anything before with any court in my whole life. Some people told me that there is no way to have a judgment vacated simply because it was IIB - a different user from Florida filed exactly the same motion as I initially did - his motion was granted right after discharge - mine was denied.

[IBroke]

IBroke you need to update your credit scores LOL!! wouldn't you say???

LOL - problem is: They ARE up to date!

I haven't focused on my utilization lately because I'm not planning any major purchases. However, I'm focusing on a new car in about two years and starting to save some money. Instead of just putting in on my savings-account, I've decided to play with it and use it for my utilization (pay off balances prior to closing-date and use the cards instead of my checking-account to pay for groceries and utilities). By doing so, I'll save almost $100/month on interest and increase my chances on some nice CLIs in the future. THAT should get the "update" on my scores I'm looking for - in addition to the removal of my old derog. accounts.

[tobee43]

i'd remember this thread so well because it was when i learned that in florida it had to be 1 year after discharge, i remembering it being really odd to me since i thought this is a federal bk court so why was it different in nj where you can file your motion to vacated immediately after the discharge.

that's why it''s so important always to check you state and local laws! one is always learning that's also what is so great about this site

IBroke you need to update your credit scores LOL!! wouldn't you say???

[IBroke]

now it's the waiting game. i'll be holding my breath for you. but really, i'm sure it's all going to be good.

Thanks!

Yup, now I have to wait. I'm happy that the delivery of the documents went so smooth. You never know - sometimes, the mail isn't picked up for days or not at all and sometimes, the address is outdated. Wasn't an issue this time.

Now, I'm curious what happens next and who's going to notify me of my hearing. The court or the other party like last time?

[tobee43]

now it's the waiting game. i'll be holding my breath for you. but really, i'm sure it's all going to be good.

[IBroke]

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.

[IBroke]

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..

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.