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Joseph
Joseph, Lawyer
Category: Legal
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Experience:  Attorney with significant and substantial experience in multiple areas of law.
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I found out a there is a default judgement against me which

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I found out a there is a default judgement against me which was filed by the court on 12/18/2006. I looked online and the court case says on 8/23/2009 there was an "order to show cause regarding DISMISSAL HEARING AS TO ENTIRE ACTION AFTER NOTICE OF CONDITIONAL SETTLEMENT" which then has a disposition of "Vacated". What does this mean? I have never seen a conditional settlement. I received a letter from an attorney about 2 years ago threatening a lawsuit if I didn't pay half of what was owed. I now find that strange since there was already a default judgement at that point. I tried to call these lawyers a few months later and found out they were out of business.

My question is two-fold: Do you think my debt has been sold to a debt buyer and what should I do at this point?
Submitted: 1 year ago.
Category: Legal
Expert:  Joseph replied 1 year ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name is XXXXX XXXXX my goal is to provide you with excellent service today.

The judgment against you being vacated means that there is no longer a judgment against you. (It basically acts as if there was never a case and the judgment is gone). It was dismissed and cannot be enforced against you.

Additionally, any debt that may have originated under this 'default judgment' in 2006 is barred by the statute of limitations, which is only four years on written contracts in California. (Since the judgment was vacated, the statute of limitations for regular written contracts applies).

It's very unlikely anyone would buy a time barred debt, since they couldn't collect the debt from you legally, so it's very doubtful anyone has purchased the debt.

You really have to do nothing at this point, since apparently (for some reason) the default judgment (which you didn't know about) was vacated (dismissed) due to a 'conditional settlement' you never saw or signed.

The only important thing for you is the judgement is gone and the debt is time barred from anyone trying to collect on it due to the expiration of the statute of limitations.

I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Customer: replied 1 year ago.

Thank you Joseph,


 


I found out about this judgement when I was trying to refi my home loan and when I showed the "vacated" status to the person doing my title insurance they said "vacated" simply means the Order to Show Cause was taken off the roll and that if it didn't say "judgement dismissed", the judgement was still enforceable?


 


Thanks again, and what do I need to do to release payment to you?

Expert:  Joseph replied 1 year ago.
Hello David,

Whoever is doing your title insurance is definitely wrong. When a judgment is vacated it is like it is not even there. It is the exact same a judgment being dismissed, and is the term used when a court dismissed a judgment generally.

You should so inform the guy doing the title insurance.

You just need to rate my answer positively for me to receive payment.

Thanks again and best of luck!
Joseph, Lawyer
Category: Legal
Satisfied Customers: 5131
Experience: Attorney with significant and substantial experience in multiple areas of law.
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