Vacating an old judgment means that the court has canceled or set aside a previous judgment, making it legally null and void. This means that the judgment no longer has any legal effect, and any liens, garnishments, or other actions taken to enforce the judgment must be stopped. Vacating a judgment can be done for various reasons, such as if the judgment was entered in error, if there was new evidence discovered that was not available during the original case, or if there were irregularities in the legal process. Vacating an old judgment can help you clear your credit history and improve your credit score, as well as prevent any further negative consequences that may result from the judgment.
Three primary agencies collect credit information in the United States: Equifax, Experian, and TransUnion. Each agency will sometimes collect credit information that's inconsistent with the findings of the other agencies or that's simply incorrect. As such, you should be aware of each of these agencies and the particular credit report they've generated for you. For example, with one agency, you might have an accurate credit report, whereas, for the two others, they may be misreporting some aspects of your credit information. If you believe that any judgment noted on your credit report is wrong, you should dispute that judgment.
There is a procedure called a "motion to vacate" judgment. This procedure can be used if you have reasonable cause to believe you were sued in error, were exempt because of retirement or SSI, or served improperly. You should have been notified when you were served, giving you plenty of time to file a response. If you weren't, that could be improper service and cause you to have it set aside or vacated.
The critical thing to remember is how the judgment can be processed in your state. While one may allow service by mail, another may not. If the rules were not followed and you can find a flaw, that could lead to vacating the judgment. Contact us, and we can help you figure out how a judgment is serviced in your state.
To get an old credit judgment vacated, you can try the following steps:
Verify the accuracy of the judgment: Review the judgment and ensure that there are no errors, such as incorrect amounts or incorrect personal information.
Check the statute of limitations: Find out if the judgment is beyond the statute of limitations. If it is, you may have grounds to vacate the judgment.
Negotiate with the creditor: Contact the creditor and try to negotiate a settlement or payment plan. If they agree, you may be able to have the judgment vacated.
File a motion to vacate: If the negotiation is not successful, you can file a motion to vacate the judgment in court. You'll need to show a valid reason why the judgment should be vacated, such as improper service, lack of evidence, or other legal grounds.
Hire an attorney: If you're not comfortable handling the process on your own, reach out to us, and we will assist you with vacating the judgment.
Note that the specific process for vacating a credit judgment can vary depending on the jurisdiction and the details of the case. For more info, contact us at info@tariqlaw.com, or submit a case review request.
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