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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32154
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I have a judgement filed against me in NC. It was from a

Customer Question

I have a judgement filed against me in NC. It was from a house I was renting. I went to court and the landlord/lawyer filed the paperwork incorrectly and the judge didn't make a decision due to the erroneous paperwork. I made an agreement with the landlord to move out by a certain date and she would drop the case. I held up my end and moved out. Somehow she had the $1,350 judgement added to my report. What can I do in NC to get the judgement vacated or removed from my report?
JA: OK. The Consumer Protection Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No not yet. I called the landlord and she was completely irrational and denied the agreement we made at the courthouse.
JA: Is there anything else the Consumer Protection Lawyer should be aware of?
Customer: The person that filed the judgement is the wife of the person I rented from. She is also a lawyer but not very good at it. The rent we paid was $1750 per month so I don't know how she came up with $1350 number.
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Consumer Protection Lawyer about your situation and connect you two.
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 7 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

How long ago was the judgment signed?

Expert:  Dwayne B. replied 7 months ago.

Also, was the wife representing the husband during the case?

Customer: replied 7 months ago.
I think she was representing her husband on the case. It was filed on April 2014.The case number ***** *****
Customer: replied 7 months ago.
It says Berndt Schmidt which is the husband.
Expert:  Dwayne B. replied 7 months ago.

If it was filed that long ago your only option is to try a Motion to Vacate Judgment or, alternatively Motion to Set Aside Judgment (that is one document and that's the title) because you have passed the time for a Motion for New Trial or an appeal. I would strongly suggest you get a lawyer to assist you with this part since you are basically going to accuse the other lawyer of improprieties and the judge isn't going to want to rule that way unless you have a lawyer on your side.

Unfortunately, since this is really fraud you only have one year to file the motion so you will want to proceed under Rule 60 (b)(6) which you can see at

Using that rule there isn't a specific amount of time.

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