Affidavit judgement - strike or vacate?

Submitted by eccsame on Tue, 12/01/2009 - 17:09
Forums

A few months ago, I received a subpoena for an unpaid hospital bill. Not wanting to go to court, I called the attorney nearly a month in advance of the court date and paid the debt in full, plus court fees. I asked if I would still need to appear in court and they said no.

Two days after the court date, I received a notice from the court stating that an affidavit judgment had been filed and I have three weeks to file to vacate the judgment. I contacted the attorney, who is preparing to file a motion to "strike the judgment and dismiss the proceedings with prejudice".

Since I had paid the debt, the judgment should never have been entered.

My question is - what effect with the striking of the judgment have on my credit score? Would it be better to write a letter with my receipts showing the debt was paid and ask to have it vacated?

Hi Eccsame,

Didn't you or your attorney inform the court about the payment of the debt amount in full? I think you should try to vacate the judgment by providing all the proofs of the fulfillment of the debt. After paying the debt in full no type of summons should come. Consult your lawyer regarding this.

Wed, 12/02/2009 - 09:13 Permalink

I agree completely. It surprises me that your atty did not go the extra mile to make sure that this did not happen to begin with. Contact your atty and make sure he files that motion.

Thu, 12/03/2009 - 02:27 Permalink
crorkz (not verified)

J8lrlN Thanks again for the blog.Really looking forward to read more.

Tue, 08/05/2014 - 05:07 Permalink