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  1. #1
    Join Date
    Oct 2008
    Posts
    3

    Default How Do I Get A Credit Card Judgement Vacated

    My question involves collection proceedings in the State of: NY
    Hello All.Recently I have filled a motion to Vacate a Judgement last week,have been given a court date to this month to argue my case,have also desputed this judgement on my credit report.I received an email Yesterday from 1 of the 3 credit bureaus telling me that they have deleted the judgement that i disputed,am going to court for which is good news for me.

    My Question is how should i proceed in court.I have notified all parties involved through certified mail with return receipt.Do i bring the copy of the email that was sent to me from the credit bureau with me to court to show that it was recently deleted from my credit report along with the original registered mail with return receipts,a copy of the letter that i sent to the collection department asking them to validate the credit debt which they have not done might i add.

    (Please anyone with any useful knowledge of how I should proceed when i go to court,to say,What not to say along with what to bring would be very helpfull.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: How Do I Get A Credit Card Judgement Vacated

    When you go to court, you have to convince the judge that the judgment should be vacated. (Have a good reason for it to be vacated)

    Take everything with you that you have. Good luck.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How Do I Get A Credit Card Judgement Vacated

    Quote Quoting grind08
    View Post
    .

    .Do i bring the copy of the email that was sent to me from the credit bureau with me to court to show that it was recently deleted from my credit report along with the original registered mail with return receipts,a copy of the letter that i sent to the collection department asking them to validate the credit debt which they have not done might i add.
    .
    these things are meaningless to this hearing. What the CR reports has no bearing on what is the truth. They merely report what is reported to them and in this case, removed your disputed judgment. Doesn't mean the judgment is not valid. As to lack of validation; again, doesn;t mean anything.

    You are trying to have the judgment vacated. That does not mean you do not owe the money. It simply means you believe the means used to achieve the judgment were not proper.

    After the judgment is vacated, the collection agency can turn around and file suit again to seek a new judgment.

    So, on what grounds are you seeking to vacate the judgment?

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: How Do I Get A Credit Card Judgement Vacated

    My reference says to take everything with you that you have in regard to the debt & judgment. It can't hurt anything. You do need a good reason the judgment should be vacated - need to prove to the judge that it should be vacated & something to back it up. It's true the reasons jk noted are not good reasons to have the judgment vacated.
    (ie good reasons - summons not served properly, judge did not follow statutory procedure)

    Do you have a lawyer helping you with the legal documents or did you just obtain them from the court clerk?

  5. #5
    Join Date
    Oct 2008
    Posts
    3

    Default Re: How Do I Get A Credit Card Judgement Vacated

    Thank you Betty3 for your input,no i do not have a lawyer in helping me.

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