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Lucy, Esq.
Lucy, Esq., Attorney
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If a judgement was granted on erroneous information, and has

Customer Question

If a judgement was granted on erroneous information, and has been allowed to stand but not paid for the last nine years. How do I correct the record before I pay the judgement? Is there a way to do this without vacating the judgement?
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 3 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

There are four procedural vehicles that allow a person to dispute a judgment after it is entered.

  • An appeal, which must be filed within 30 days after the judgment is entered.
  • A motion for new trial, which has to be done within 10 days (Rule 59)
  • A motion for Relief from Judgment, which must be filed within 6 months. (Rule 60)
  • A motion to vacate default, which applies only if you were never notified of the case and have a valid defense

By not taking any of the first three actions at the time, I'm afraid you have waived your right to try to get the case reopened now. You could still move to vacate, but only if you meet those two conditions, and you said you didn't want to vacate. The record cannot be corrected without reopening the case through one of the motions I listed.

There are two ways to get relief now, but neither will change the fact of the judgment. One is to let the judgment expire. In Mississippi, the judgment is only good for 7 years unless they renew it. MS Code, Section 15-1-43. If you haven't seen a renewal, you can call the clerk of the court and ask if they did it. The renewal must have been filed BEFORE the judgment expired, or it's invalid. If they did that, then the other option is to see if this particular debt is one that can be discharged in bankruptcy.

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Expert:  Lucy, Esq. replied 3 months ago.

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