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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 17050
Experience:  8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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a creditor has judgement against me.I negotiated a payment

Resolved Question:

a creditor has judgement against me.I negotiated a payment plan.I was able to make two payments on time. I was late in sending the third and last payment two weeks late.the debt collection agency wants me to pay $500.00 more as a late payment fee. What is my legal right to override the original judgement in light of of this unreasonable demand?
I look forward to your answer.
thanks,
Al
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Can you please clarify for me what you mean when you are asking about overriding the original judgment? Are you asking about vacating it through the court?
Customer: replied 1 year ago.


Yes,Vacating it through the court

Expert:  LegalKnowledge replied 1 year ago.
Al, thank you for the additional information. Relief can be granted under Rule 60(b), if you are able to show good cause and meet the elements stated within. There is going to have to be a legal basis to support your motion and the decision by the agency to charge an additional fee of $500, would not be a basis for the Judge to vacate it and then allow you to proceed and defend the cause of action, at this time. Moreover, if you are acknowledging that the debt is owed and you have no legal defenses to contest it, you will be back in the same position as you are now, with a judgment against you. In the event that you can not get them to waive or reduce this fee and allow you to become current, they will likely try and enforce the judgment through garnishment or going after any other assets which you may have.

Rule 60. Relief from judgment or order.
(a) Clerical mistakes. – Clerical mistakes in judgments, orders or other parts of the
record and errors therein arising from oversight or omission may be corrected by the judge at
any time on his own initiative or on the motion of any party and after such notice, if any, as the
judge orders. During the pendency of an appeal, such mistakes may be so corrected before the
appeal is docketed in the appellate division, and thereafter while the appeal is pending may be
so corrected with leave of the appellate division.
(b) Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc. –
On motion and upon such terms as are just, the court may relieve a party or his legal
representative from a final judgment, order, or proceeding for the following reasons:
(1) Mistake, inadvertence, surprise, or excusable neglect;
(2) Newly discovered evidence which by due diligence could not have been
discovered in time to move for a new trial under Rule 59(b);
(3) Fraud (whether heretofore denominated intrinsic or extrinsic),
misrepresentation, or other misconduct of an adverse party;
(4) The judgment is void;
(5) The judgment has been satisfied, released, or discharged, or a prior
judgment upon which it is based has been reversed or otherwise vacated, or
it is no longer equitable that the judgment should have prospective
application; or
(6) Any other reason justifying relief from the operation of the judgment.
The motion shall be made within a reasonable time, and for reasons (1), (2) and (3) not more
than one year after the judgment, order, or proceeding was entered or taken. A motion under
this section does not affect the finality of a judgment or suspend its operation. This rule does
not limit the power of a court to entertain an independent action to relieve a party from a
judgment, order, or proceeding, or to set aside a judgment for fraud upon the court. The
procedure for obtaining any relief from a judgment, order, or proceeding shall be by motion as
prescribed in these rules or by an independent action.
(c) Judgments rendered by the clerk. – The clerk may, in respect of judgments rendered
by himself, exercise the same powers authorized in sections (a) and (b). The judge has like
powers in respect of such judgments. Where such powers are exercised by the clerk, appeals
may be had to the judge in the manner provided by law. (1967, c. 954, s. 1.)

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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 17050
Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 14 other Legal Specialists are ready to help you

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