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Hello again and thanks for writing back.
I sincerely XXXXX XXXXX any confusion. I have carefully read everything you shared (above). Could you please confirm one point for me? Were both judgments granted as defaults? I am thinking just one was, but I want to make sure I am correct in my understanding. If one was not a default judgment, could you describe anything about the grounds upon which it was granted if you lost on the merits?
Many thanks for bearing with me. I appreciate your patience.
Take care and thanks again for using JustAnswer®.
Hi again :-)
Yes...both were granted as defaults...I never got to argue or state my point. Here is some more information:
For the first one I did not find out it was on my credit until I went to get an auto loan in 2005
For the second one they sent the summons to my parents house instead of mine, so I showed up for court and the judge said to go out into the hall, speak to the attorney and see if we could come to an agreement.
This went on for about 5 months until the last time it was continued I simply could not attend because I had lost time at work trying to deal with it.
I was not present for either judgements filed..
Keep in mind this is for the same apartment I had back in 2005 so I was really confused as to how one apartment complex could secure 2 judgements although I only had one total debt. I didnt live there twice.
First judgement was in 2005
Second judgement was in 2008
So to be clear, I am going to pay them tomorrow morning. I want the end result to be both judgements removed from my credit. I researched and found out the only way to do that is by filing a motion to vacate the judgement. I want to know if its probable the judge will remove approve the motion to vacate or if there is anything else I can do to have it removed.
By paying it, the only thing that will happen is my credit will show it as paid....it will not be removed by that alone?
I am relieved to hear that! Default judgments are rather disfavored by the law.
Under Virginia law, I can see valid grounds for setting aside (vacating) these two default judgment. Specifically, § 8.01-428 provides in pertinent part:
"A. Default judgments and decrees pro confesso; summary procedure. - Upon motion of the plaintiff or judgment debtor and after reasonable notice to the opposite party, his attorney of record or other agent, the court may set aside a judgment by default or a decree pro confesso upon the following grounds: (i) fraud on the court, (ii) a void judgment, (iii) on proof of an accord and satisfaction, or (iv) on proof that the defendant was, at the time of service of process or entry of judgment, a person in the military service of the United States for purposes of 50 U.S.C. app. § 502. Such motion on the ground of fraud on the court shall be made within two years from the date of the judgment or decree." [emphasis added in italics]
So, once you have paid the debt (satisfied the judgment) you can move for actual setting aside (vacation) of the judgment, which I think it what you ultimately want to accomplish here. I realize it pertains to a different Court, but here is an example of such a motion. I did have another thought about the most cost-effective and hassle-free way of accomplishing this. You might consider using an "unbundled legal services" business whereby a licensed Virginia attorney could prepare the documents you need and walk you through filing with the court, serving the other side, and securing an order on your motion. Just a suggestion for you to mull over.
I hope this is of some more help. I send my best regards XXXXX XXXXX to work out.
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