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Law Pro
Law Pro, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 24744
Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
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Resolved Question:

good morning
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Pro replied 1 year ago.
Hi! My name is XXXXX XXXXX I'll be the attorney assisting you.


Can you explain if you were the judgment creditor or judgment debtor?

What is your question in relation to vacating the judgment?
Customer: replied 1 year ago.


Morning...


I was a defendant in a law suit general sessions....I lost and had a 16k judgment.


I have agreed to settle for 9k.


I need to make sure that the judgment is vacated.


I need the correct language to be in the agreement.


Here is what the have in the agreement.


 


Undersigned plaintiff understands and agrees that upon payment of the total sum of 9k,She will execute and present for entry with the clerk of general sessions court of Shelby county a "Satisfaction of judgment" that reflects that the judgment entered against defendant has been released and fully satisfied.


 


I need to add language that it be vacated.....How do I do this?

Expert:  Law Pro replied 1 year ago.
So that is what the plaintiff or judgment credit has drafted?
Customer: replied 1 year ago.


Did you get my response?


 

Expert:  Law Pro replied 1 year ago.
I did. Then I asked:

So that is what the plaintiff or judgment credit has drafted?

It's fine but there needs to be additional language added.

You need to add the language:

Undersigned plaintiff understands and agrees that upon payment of the total sum of 9k,She will execute and present for entry with the clerk of general sessions court of Shelby county a "Satisfaction of judgment" within 30 days that reflects that the judgment entered against defendant has been released and fully satisfied.

That the payment of $9k is satisfaction of a disputed debt. That the payment of $9k in no way reflects an admission by the defendant of owing the alleged debt.

That upon the judgment being marked satisfied the plaintiff or judgment creditor will forward a certified copy of the satisfaction.


Then, after that is executed and you get a copy of the certified copy of the satisfaction you should send it to each of the 3 credit reporting agencies so that your credit history is updated.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer.. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

I wish you the best in the future.
Customer: replied 1 year ago.


Ok....but this will show as a "satisfied" judgment on my credit file....I want to be taken of...hence the motion to vacate language that I need.


Sorry for the hassle !

Expert:  Law Pro replied 1 year ago.
OK, sorry. But that wasn't what you originally asked the language to include.

The plaintiff or judgment creditor satisfies the judgment.

You could also state that they are to send the notice to the credit reporting agencies of the satisfaction.

The language should be included would be:

That within 30 days the plaintiff or judgment creditor will also send notice to all the credit reporting agencies of the satisfaction - Equifax, Experian and TransUnion - and will send a copy of their letter of such to the judgment debtor.


That's all you need to do.

However, to be sure that it's done - you yourself want to send a copy of the certified satisfaction to the credit bureaus so that if they don't mark the judgments satisfied you have a cause of action against them pursuant to the Fair Credit Reporting Act.


Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer.. I thank you in advance for taking the time to provide me a positive rating!

If you have any questions, about this or anything else, please ask for me, Law Pro, directly in the question and I will try to assist you as best I can.

For example, you would state, "This question is for Law Pro . . . (then on with your question).

I wish you the best in the future.


Law Pro, Lawyer
Satisfied Customers: 24744
Experience: 20 years experience in consumer advocacy, debt collection violations, contracts, construction
Law Pro and 10 other Consumer Protection Law Specialists are ready to help you

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