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  1. #1
    Join Date
    Jun 2007
    Posts
    2

    Exclamation Paid Judgment, and Need It To Be Vacated

    I have a paid judgement on my credit report. It is a judgement by default because I was never serviced. I pulled up my case online and it says that I was serviced in the docket notation by personal service.

    The bill in queston is from a debt owed to my school. The lawyer/collections that bill which they were collecting on was wrong and that I never attended the courses. I called the school and they said I could not see my transcript until my arearrs wer paid. I was supposedly placed in judgement in 12/2005 by default.

    I paid the bill after a year. They marked the judgement as satisfied. But again I was never served and I believe the amount($10k) I was sued for which was also raised due to the 33% attorney fee for collections, was inaccurate.

    The school is giving me all hell about amending my records, and the judgement is still on my record. Plus I no longer attend the school and my bill i paid so I guess they wont lift a finger because they have their money.

    How do I get this removed? I know I should file a motion to vacate judgement, but what are my chances? What does a motion to vacate look like?

    How do I prove I wasnt serviced. Their docket remarks dont say a word about signatures or certfied mail or anything. I havent moved or changed addresses.

    This school is causing me to not be able to attend and other school or make any other lofe preperations for my financial status due to this judgement effecting my credit.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Paid Judgment, and Need It To Be Vacated

    The procedure to have a case reopened and a default judgment set aside is different in each state. You may have a limited time after receiving notice of the default in order to act. As you did not identify your state as instructed, all I can really suggest at this juncture is that you consult a lawyer in your state about whether you are still eligible to set aside the default, and perhaps to represent you in proceedings to set it aside.

  3. #3
    Join Date
    Jun 2007
    Posts
    2

    Default Re: Paid Judgment, and Need It To Be Vacated

    Sorry that I didnt mention my location. I am from Philadelphia, PA.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Paid Judgment, and Need It To Be Vacated

    Pennsylvania has done a poor job of putting its statutes and court rules online, so I'm not sure whether current court procedures are available for you to review (absent paying for access to a subscription-based or fee-per-use site). An unofficial version of what is probably the governing court rule, from a site no longer being updated:
    Quote Quoting PA.R.C.P. 237.3. RELIEF FROM JUDGMENT OF NON PROS OR BY DEFAULT
    (a) A petition for relief from a judgment of non pros or of default entered pursuant to Rule 237.1 shall have attached thereto a verified copy of the complaint or answer which the petitioner seeks leave to file.

    (b) If the petition is filed within ten days after the entry of the judgment on the docket, the court shall open the judgment if the proposed complaint or answer states a meritorious cause of action or defense.
    [{Official} Note: Rule 236 requires the prothonotary to give notice of the entry of any judgment and to note in the docket the giving of the notice. The petitioner must act with reasonable diligence to see that the petition is promptly presented to the court if required by local practice. See Schultz v. Erie Insurance Exchange, 505 Pa. 90, 477 A.2d 471 (1984) for the requirements for opening a judgment by default and Pa.R.C.P. 3051 as to a judgment of non pros. Rule 237.3 does not change the law of opening judgments. Rather, the rule supplies two of the three requisites for opening such judgments by presupposing that a petition filed as provided by the rule is timely and with reasonable explanation or legitimate excuse for the inactivity or delay resulting in the entry of the judgment. The requirement of this rule for proceeding within ten days is not intended to set a standard for timeliness in circumstances outside this rule.]
    Also,
    Quote Quoting Erie Ins Co v Bullard, 2003 PA Super 448; 839 A.2d 383 (2003)
    Although Appellant's petition is labeled, "Petition to Open and Vacate Judgment," the substance of the petition implicates aspects of both a petition to strike a default judgment and a petition to open a default judgment. A petition to strike a default judgment and a petition to open a default judgment request distinct remedies and generally are not interchangeable. See Williams v. Wade, 704 A.2d 132 (Pa. Super. 1997). A petition to open is an appeal to the discretion of the trial court; hence, we cannot reverse the trial court's determination absent a manifest abuse of discretion or error of law. Penn-Delco School Dist. v. Bell Atlantic-Pa, Inc., 1999 PA Super 317, 745 A.2d 14 (Pa. Super. 1999). Conversely, a petition to strike a default judgment should be granted where a fatal defect or irregularity appears on face of record. U.K. LaSalle, Inc. v. Lawless, 421 Pa. Super. 496, 618 A.2d 447 (Pa. Super. 1992).

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