Author Topic: Is it possible to vacate judgment after agreeing to pay?  (Read 205 times)

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Vacate

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Is it possible to vacate judgment after agreeing to pay?
« on: April 19, 2015 09:21:35 PM »
I wish I knew about this board. A friend just told me about it.

I have 3 judgments against me.

I didn't know what to do and was scared of court so I agreed to them.
I am judgment proof but the interest is increasing the amount.

Is there any chance I could vacate the judgment?

Thanks!

Brunothe JDBKiller

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Re: Is it possible to vacate judgment after agreeing to pay?
« Reply #1 on: April 19, 2015 09:25:17 PM »
For what reason?
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Vacate

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Re: Is it possible to vacate judgment after agreeing to pay?
« Reply #2 on: April 19, 2015 11:15:19 PM »
Start over and fight with the debt collector rather than admit with no defense.

I am one of those ones that are taken on the side to sign papers. I feel stupid now.
I fought the first one but not the right way. I was at the best in front of the clerk magistrate fighting the amount rather fighting the legitimacy  of the debt collector and its standing to sue. I was not in a good mental state too.
I went also through payment review in front of a judge who determined I was judgement proof.

I was wondering if there was a slight chance I could ask to vacate the judgments.

Any slight chance?

Thanks!





trueq

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Re: Is it possible to vacate judgment after agreeing to pay?
« Reply #3 on: April 20, 2015 01:54:03 AM »
You can agree to vacate judgement as a condition of your payment.

If they agree to that then you enter a stipulation to vacate the judgment once its paid (to the amount you agree) with the court.

I did this once.

However, this will probably only happen if:

1.) You agree to a lump sum payment upfront.  (most of time you can get  it down 30%).

2.) Its not too far after the date of judgment.

Lawyers are hesitent to vacate if its years out.

So better to deal with it right away after it happened.

I would never agree to pay a judgement unless vacating it was part of deal upon payment.

If you are looking to vacate because you want to war over the issue....good luck with that.  you will have to show court you were not properly served or had some excusable neglect.    That is a tough road and probably not worth the effort.  Your time to fight this is probably past.

Once its reduced to a judgement, its, generally, time to stop fooling around and look at some sort of payment negotiation.   (Unless, you just want to grind the appeals into oblivion....that will not get you a deal to vacate if you do that...most of the time.  But it sounds like you are past appeals deadlines as well.)

This is where the "do nothing" option can bite you.   The "do nothing" in court option is always the worst option.

I'd BK them, or bite my lip and negotiate, pay and get them vacated in exchange for completing payment arrangement.

That's what I would do.
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

Vacate

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Re: Is it possible to vacate judgment after agreeing to pay?
« Reply #4 on: April 20, 2015 04:12:37 AM »
You can agree to vacate judgement as a condition of your payment.

If they agree to that then you enter a stipulation to vacate the judgment once its paid (to the amount you agree) with the court.

I did this once.

However, this will probably only happen if:

1.) You agree to a lump sum payment upfront.  (most of time you can get  it down 30%).

2.) Its not too far after the date of judgment.

Lawyers are hesitent to vacate if its years out.

So better to deal with it right away after it happened.

I would never agree to pay a judgement unless vacating it was part of deal upon payment.

If you are looking to vacate because you want to war over the issue....good luck with that.  you will have to show court you were not properly served or had some excusable neglect.    That is a tough road and probably not worth the effort.  Your time to fight this is probably past.

Once its reduced to a judgement, its, generally, time to stop fooling around and look at some sort of payment negotiation.   (Unless, you just want to grind the appeals into oblivion....that will not get you a deal to vacate if you do that...most of the time.  But it sounds like you are past appeals deadlines as well.)

This is where the "do nothing" option can bite you.   The "do nothing" in court option is always the worst option.

I'd BK them, or bite my lip and negotiate, pay and get them vacated in exchange for completing payment arrangement.

That's what I would do.


Thanks Trueq.

Is there somewhere on this board information on how to negotiate a lump sum and what to get with that (delete from credit report, vacate judgement...). Most importantly, how to negotiate?


Vacate

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Re: Is it possible to vacate judgment after agreeing to pay?
« Reply #5 on: April 20, 2015 04:27:07 AM »
Also,

Can someone explain this to me.  I got a judgement by mail since the clerk magistrate had to think it over.
Then I had a hearing about payment and I am judgment proof

This is in my case at the court (online)

04/15/2011   both parties no current ability to pay
04/15/2011   Judgment debtor xxxxxxxxx found, after examination under oath, to be currently unable to pay on judgment ( Burns, AC-M Paul ).      
04/15/2011   Case Inactivated: No future events scheduled.      
06/17/2011   This Case Converted from Civil BasCOT application.

trueq

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Re: Is it possible to vacate judgment after agreeing to pay?
« Reply #6 on: April 20, 2015 10:36:36 PM »
Means they collected asset/income info and they can't make you pay through garnishment, asset taking.

Personally, I'd just sit still and do nothing.

If you are getting an inheritence or something in a few years, maybe just BK it all out now.

...but negotiating a lump sum payout, in exchange for vacation is OK too...as long as you can live with deal.

As far as negotiating.

Send lawyer outlining a 10% lump sum payment deal asking for vacation of the judgment upon payment and credit deletion.   (I think you can get away with 10% because court has declared you uncollectable.   10% is better than nothing....most of the time I'd say 30% is starting point post judgment.)

He will come back with something higher.   If you can live with it (making the payment), then do it.

I advise against payment plans.

Has to be something you do in lump sum.
My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

Vacate

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Re: Is it possible to vacate judgment after agreeing to pay?
« Reply #7 on: April 21, 2015 04:56:47 AM »
Thank you Trueq.

I now know my options. I think I will sit for now and see.
The 3 judgments are about $3600 total. So I can pay $360 as lump sum if needed.

I don't think BK will be an option given the amount of the loans.
Also,  I am hopping my situation will change.

Thank you for your help in this matter


Means they collected asset/income info and they can't make you pay through garnishment, asset taking.

Personally, I'd just sit still and do nothing.

If you are getting an inheritence or something in a few years, maybe just BK it all out now.

...but negotiating a lump sum payout, in exchange for vacation is OK too...as long as you can live with deal.

As far as negotiating.

Send lawyer outlining a 10% lump sum payment deal asking for vacation of the judgment upon payment and credit deletion.   (I think you can get away with 10% because court has declared you uncollectable.   10% is better than nothing....most of the time I'd say 30% is starting point post judgment.)

He will come back with something higher.   If you can live with it (making the payment), then do it.

I advise against payment plans.

Has to be something you do in lump sum.

trueq

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Re: Is it possible to vacate judgment after agreeing to pay?
« Reply #8 on: April 21, 2015 03:46:34 PM »
$360 would be the IDEAL on $3600 of default judgments.

If you can get that great.

If you get it to $1000, to make it go away, that still is good as well.

$2000-$3000 range, I think you are better doing nothing and being uncollectable, but that depends on your future goals.   If you need to buy a house, then $2-3K sounds fine too.    If you are unemployed, on disability, and plan to do church work the rest of your life.   2-3K is a waste to pay if legally you are uncollectable..   Give it to the ministry you are working with.

It all depends on what your future goals are as to what is acceptable here.


My free speech is not legal advice.  If you need legal advice, you need to talk to a lawyer.

Litigation Defense record
Arbitration record:   9 wins * 0 loses
Court Record:         2 wins * 2 judgments (1 of the 2 judgments has been vacated, other judgment upheld on appeal, marked "satisfied", because I wrote a check.)

The one bank that beat me in court, I now have a $2200 limit credit card from them again.
Redemption is always possible.

Vacate

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  • Posts: 6
Re: Is it possible to vacate judgment after agreeing to pay?
« Reply #9 on: April 21, 2015 07:19:49 PM »
Thank you so much Trueq.

I lost my job and making ends meet now. I am not on disability but on food stamps for now
However,I am hopping my future would be much better (have a bachelor degree).
It won't have soon but within this year. I just lost hope  and was out of the market for a while now that I kind feel motivated to seek a job in my area.  May be it is  some sort of hidden depression (I am not taking anything)

So yes I will be making wages that will be garnished. So at this situation, it is the best time to negotiate because I have proofs that I am judgment proof (making minimum wages).

I  also think that BK would not be good at $3600.

Thanks a lot








$360 would be the IDEAL on $3600 of default judgments.

If you can get that great.

If you get it to $1000, to make it go away, that still is good as well.

$2000-$3000 range, I think you are better doing nothing and being uncollectable, but that depends on your future goals.   If you need to buy a house, then $2-3K sounds fine too.    If you are unemployed, on disability, and plan to do church work the rest of your life.   2-3K is a waste to pay if legally you are uncollectable..   Give it to the ministry you are working with.

It all depends on what your future goals are as to what is acceptable here.

 

credit