Motion to Vacate Judgment

[Pjmax]

A judgement is a public record, and it is called a judgement or judgment. If you've been successfully sued by a creditor, they most likely have a judgement against you. You should know if there is one, you should have been served, although they do slip them through occasionally without proper notice and service. If there is nothing showing on your CR, you can usually do a search on your state or county court website and see if anything comes up.

[PhillyGuy]

PG, you have to look up the requirements and procedures for your state, they vary. Also, if you had an attorney for your BK, you might ask him/her about vacating. Attorneys sometimes charge extra for this, mine said $350. I had one judgement before BK. A few weeks after I filed, I received a signed order of dismissal, so I didn't have to do anything, but I read up on judgements before I filed.

But what is considered a judgement? Default on car, or house that was dismissed through the BK7?

[Pjmax]

PG, you have to look up the requirements and procedures for your state, they vary. Also, if you had an attorney for your BK, you might ask him/her about vacating. Attorneys sometimes charge extra for this, mine said $350. I had one judgement before BK. A few weeks after I filed, I received a signed order of dismissal, so I didn't have to do anything, but I read up on judgements before I filed.

[PhillyGuy]

This sounds like a very involved process. What kind of judgements can be vacated?

[IBroke]

NEW UPDATE:

Disputed the judgment with TransUnion a couple of days ago and received the result of the investigation: Judgment deleted from credit report. Bingo!

[IBroke]

UPDATE:

Checked my public and the court case records and voila - order recorded in both systems. I guess that's it!

[tobee43]

[IBroke]

So, just came back from the mailbox - and there it was: The signed order to cancel and discharge judgment! Boy, I have to say that was really fast!

This morning, I called our clerk's office to find out how the recording works. To my surprise, I was told that they would usually do that automatically. I was advised to check if I would receive a copy or the original of the order. If I would receive the original, I'd have to go on and have it recorded. If, however, I'd receive a copy, the recording would be handled by the court. Well, I received a copy so I guess they will record the original. Great service!

Guess all I have to do now is wait. I have online-access to the specific case-records and my public records and once the order shows up in both systems, I'll launch my TransUnion dispute.

[IBroke]

Yay for you, IBroke!!

Thanks, ValleYum!

congrats!! i knew you could do it. one more little step (sorry) you must make certain the order is recorded and put on the record. being that the motion was grated you should receive a copy of the signed order a hard copy although actually i'm not positive about how it exactly works in fl. just make certain either way it's recorded as be granted.

GREAT job!!!

Thanks! Yup, the signed order is - according to the secretary - already in the mail and I'll receive it either tomorrow or Friday. As soon as my schedule allows, I'll take it to the clerk's office and have it recorded (I'll still have to do some research if the order needs to be notarized and if so, if that can be done by the clerk's office, too). No doubt that I'll have it recorded. I think that's also crucial in regards to having it removed from my credit report. Otherwise, it could still appear that the judgment would be valid.

I'll keep you all up to date.

[tobee43]

congrats!! i knew you could do it. one more little step (sorry) you must make certain the order is recorded and put on the record. being that the motion was grated you should receive a copy of the signed order a hard copy although actually i'm not positive about how it exactly works in fl. just make certain either way it's recorded as be granted.

GREAT job!!!

[ValleYum]

Yay for you, IBroke!!

[IBroke]

Congrats! What a battle you've been through but VICTORY is sweet!

Thanks!

A lot of "learning by doing" was involved but I made and make sure that anybody else on this forum trying to accomplish the same - at least in Florida - will have a smoother process than I did. I'm still stunned about the lack of information available about this topic.

[df04527]

Congrats! What a battle you've been through but VICTORY is sweet!

[IBroke]

Just to make sure, I called the judge's office and - not even 5 hours after my hearing - the signed order has already been mailed out. I have to say that such a fast service deserves some credit. Outstanding!

[IBroke]

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

I should have been more precise. By "victory letter", I was referring to the order, signed by the judge which (I guess) I should receive by mail. I assume that the secretary of the judge is going to prepare the order - just like the previous one, denying my initial motion.
In case I shouldn't receive such an order over the next two weeks, I'll contact the judge's assistant and - if necessary - mail them a prepared order for the judge to sign.

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

Hahaha...thanks!