How to Vacate a Judgement

How Do I Vacate a Default Judgment?
If you have been sued for a debt and did not show up for your court date, you likely have a default judgment against you. This means a judge decided - without you being present to defend yourself - that you legally owe a creditor money.

In some cases you can vacate a default judgment, which essentially gives you another chance to present your case before a judge. To vacate a default judgment, you will need to file a "Motion to Vacate Judgment" with the clerk of the appropriate court. After you have paid the clerk the proper filing fees, they should give you a date on which you and your creditor will re-appear in court. You should have a good reason (assuming you were properly notified of the original appearance) for your absence on the original court date.

Plus, it is helpful to document the reason for your non-appearance such as proof of doctor/medial appointment, travel itenerary, receipts, etc.

If the judge agrees to grant your motion and vacates the default judgment, he or she will likely hear your case at that time - so be prepared! In other words, you need to overcome the first hurdle of convincing a judge you deserve a hearing on the merits of the claim and then you need to present your defense on the substance of the case.

How Do I Defend Myself Against a Judgment?
First, be prepared. Being prepared means that you are able to present any witnesses, documentation, or other evidence in support of your defense. For instance, if your defense against a credit card company is that you paid your bill in full, then you should come prepared with bank statements, receipts, and the like to prove you fulfilled your obligation.

Second, you should always shift the burden of proof to the plaintiff-creditor. After all, it is the creditor who is bringing the case to court. It is therefore the creditor's burden of proving that you do in fact owe the debt they claim you owe.

Often judges see many "deadbeat" debtors and automatically accept a creditor's allegations as fact. You should demand documentation to show you do in fact owe the debt claimed. For example, demand discovery of any relevant contracts, signatures, receipts, etc.

Third, you may consider attacking the judgment procedure (this means you focus the courts attention on any procedural error the creditor committed while obtaining the judgment). Often courts will dismiss judgments obtained when there was a procedural defect - regardless of the legitimacy of the underlying claim!

Statistics show that roughly 80% (eighty!) percent of judgments are awarded in error!

Some common procedural errors include:

Improper service - perhaps the creditor served you at the wrong address or not at all
You are exempt or judgment proof
The statute of limitations has expired on the debt

Should I Settle a Judgment?
If you believe that you have a good case for a Motion to Vacate," by all means, explore your options. Having a judgment vacated means that you are under no legal obligation (at least by a court of law) to pay the debt in question. (However, you may still be liable under the terms of the contract). Settling out of court for an amount up to the original debt can still be considered somewhat of a "win" because you will not have the judgment on your credit report - so long as your settlement involves a clause calling for deletion of all negative marks from your credit reports.

Plus, a court's payment plan which are often through wage-garnishment or asset seizure are always less appealing than something you work out on your own with the creditor.

In sum, while a favorable settlement may be best, don't be intimidated by the courthouse! This article has avoided being overly specific due to the variance in laws from state to state. With preparation comes confidence. Appearing in court, ready to fight for a dismissal, especially with the aid of an attorney who specializes in consumer credit is your best approach to solving the judgment dilemma.

If I Win or Lose in Court, How Do I Remove a Judgment from my Credit Reports?
The nature of judgments when it comes to your credit reports is that, once they are "stuck" on your credit reports. They are only slightly less harmful than a bankruptcy.

An unpaid judgment, however, is a different story. It means almost certain death when it comes to getting new credit or changing careers (new employers now routinely reject employees who have bad credit).

Judgments stay on your credit report as long as 12-20 years and some are renewable. In fact a paid judgment stays for seven years from the pay date!

Fortunately the Fair Credit Reporting Act (FCRA) gives you the right to challenge any negative information on your credit report including judgments or public records. Consumers often find that mailing a dispute letter to the credit bureaus resolves questions about the accuracy of a credit report judgment. Often these disputes are resolved in the debtor's favor because the credit bureaus and courthouses use a system that is time consuming and prone to frequent error. Most investigations involve disputes over more common consumer debt such as credit cards or automobile loans and the like. These disputes are verified by automated (non-human) electronic systems. However, credit report judgments are maintained by court houses and humans. Accordingly, a dispute requires verification by a live human being. Often clerks are overworked already and simply cannot verify the information within the time alloted. Thus, the credit bureau is forced to delete the questionable item.

Whatever your situation may be, you should appreaciate that there are credit remedies for people just like you looking for a way to repair their credit and eliminate damaging items like credit judgments. Some weapons at your disposal include the Fair Credit Reporting Act, Fair and Accurate Credit Transactions Act, Fair Debt Collection Practices Act, and the Fair Credit Billing Act, just to name a few.

These laws prove to be a powerful ally in your desire to remove judgments and other questionable items from your credit report. However, your greatest weapon can be a credit repair professional intimately familiar with consumer rights laws and seasoned in the credit repair process.

You may consider hiring an affordable credit correction attorney such as The Lexington Law Firm (6,928 Judgments deleted from July - September 2008).

Help for your credit report judgment may be a simple phone call away! A credit specialist is available by dialing:
1-888-585-3999
(free case analysis provided by The Lexington Law Firm)

Here's Some Proof! Below is credit report judgment deletion letter from a client of the Lexington Law Firm: