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No Fee - Motion to Vacate Judgment seems easy

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    No Fee - Motion to Vacate Judgment seems easy

    So I called my court and they told me to write a letter to them asking to vacate the judgment with the discharge notice attached, along with a copy of the judgment. I didn't have to pay anything. They said to call to follow up in reasonable time. We'll see what happens.

    I used this sample I found online. Of course, it's edited to suit my needs.

    [Date]

    Court Name
    Address
    City, State Zip

    Re: MOTION TO VACATE JUDGMENT
    INDEX NO. ; FILE NO.

    I, [NAME HERE], declare as follows:

    1. I am the defendant in this action.

    2. I request that the judgment entered in this action be vacated for the following reason:

    Judgment included in bankruptcy. Attached is proof of bankruptcy discharge showing judgment included in bankruptcy.

    I certify under penalty of perjury under the laws of the state of New York that the foregoing statement is true.

    Signed in [CITY], [STATE] on [DATE]

    [NAME]


    __________________________________
    Signature
    Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

    #2
    Will it come off your credit report? My judgement shows satisfied but on my Cr.
    chpt 7 ,5-2009

    Comment


      #3
      Mine shows satisfied as well. If I get the order to vacate, I'll send to the credit bureaus to have the judgment removed from my credit report.
      Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

      Comment


        #4
        If I'm not mistaken, having the judgment vacated makes it go away. Once it has been vacated, you should be able to have it removed from your credit report. On the other hand, a valid judgment that you actually satisfied will stay on your credit report for seven years.


        Once you have that judgment vacated, send a letter to each of the reporting agencies telling them that the judgment has been vacated. Include a copy of the court order to vacate.
        Filed pro se, made it through the 341, discharged, Closed!!!

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          #5
          Uh-oh. Does mine go away? Mine is satisfied only because it was included in the bankruptcy.
          Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!

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            #6
            Originally posted by drowning123 View Post
            Uh-oh. Does mine go away? Mine is satisfied only because it was included in the bankruptcy.
            I don't think it matters HOW it got satisfied.
            Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
            FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
            FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

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              #7
              Hi all,

              I got a summary judgement removed awhile back by using an incessant letter campaign, took about a year....

              Tom in Colo
              Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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