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How do I have a judgement vacated?

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Dennis2010



Joined: 12 Mar 2010
Dennis2010's page
Posts: 1



31 Magic Points

Subject: How do I have a judgement vacated?
 
Posted on Fri Mar 12, 2010 9:24 pm  

I live in Missouri, and a judgement has been obtained in a different county than I live in. I was never served or notified that a law suit was filed by a collection agency. Since the collection agency is not the original owner of the debt, how can they obtain a judgement against me period?

But I need to have this judgement vacated. Anyone know what I have to do?
NightStar



Joined: 10 Mar 2010
NightStar's page
Posts: 142
Location: Illinois


3176 Magic Points

 
Posted on Sat Mar 13, 2010 12:14 am  

You need to call the court house where the judgment was filed, talk to the clerk or the state attorney there and explain your situation that you were sued in a county where you never lived, tell them you are interested in filing for vacation of judgment and ask what steps you need to take to accomplish this, they may have you come in over there and fill out a form to submit.

I am not 100% sure but I think you have a time limit to get this done like within a year of the filing to object to it. You should ask that also when you call.

Sometimes people can get judgments vacated if they had not been served proper notice, you should also ask what exact proper service is for your state.
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Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: vacate judgment
 
Posted on Sat Mar 13, 2010 6:57 am  

Hi Dennis,

If you were not served with any notice of the judgment, you can file a motion to vacate the judgment. You have 180 days to file the motion to vacate the judgment.

Go to the court where the judgment was filed, and request the court clerk to provide you a copy of the form to file the motion to vacate the judgment. This file is called Notice of Filing Notice of Appeal .

Hope this helps.

Regards,

Aaron
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