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A company was granted a judgement against me in 2008. Since

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then they or their attorney...
A company was granted a judgement against me in 2008. Since then they or their attorney have not contacted me on where to make payment. Can I have this judgement vacated?
Submitted: 5 years ago.Category: Legal
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Answered in 2 minutes by:
3/28/2012
Lawyer: J.Hazelbaker, Attorney replied 5 years ago
J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4,385
Experience: Attorney and small business owner with 10 years experience in the general practice of law.
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J.Hazelbaker :

Hello. Thank you for using JustAnswer.

J.Hazelbaker :

Four years is typically too late to have a judgment vacated.

J.Hazelbaker :

And, in order to do so, you need to demonstrate that you were not aware of the original suit (e.g. not properly "served") and that you have a valid defense to the claim(s).

J.Hazelbaker :

At this point, if they have not taken action in four years, there's a good chance they will not.

J.Hazelbaker :

I would not wake the "sleeping dog".

Customer:

I am in the market for a house and this is on my credit report.

J.Hazelbaker :

Instead, I would keep quiet and let the period pass such that the judgment becomes unenforceable.

J.Hazelbaker :

The only way to get it off is to pay off the judgment.

J.Hazelbaker :

A motion to vacate will allow the case to restart.

Customer:

I don't know who to make payment to.

J.Hazelbaker :

However, you can't vacate a judgment without a valid defense, etc.

J.Hazelbaker :

I see.

J.Hazelbaker :

If you want to pay off the judgment, you need to contact the law firm that represented the other party.

J.Hazelbaker :

You would issue them a "joint" check in the name of the firm and the name of the plaintiff.

J.Hazelbaker :

They would file a "notice of satisfaction of judgment".

Customer:

I have no address or phone number for the law firm,just the lawyer's name who appeared in court

J.Hazelbaker :

However, because the judgment was valid, it won't fall of your credit report for seven years from the date of the judgment, even if you pay it off.

J.Hazelbaker :

You can call the clerk of the court (or go on the website) and look up the case using your full name.

J.Hazelbaker :

Once you find the case, the "attorney of record" will be on file. This

Customer:

That's been done

J.Hazelbaker :

will include the name and number for the attorney's firm.

Customer:

There is only the attorney's name on the case

J.Hazelbaker :

Under Virginia rules of civil procedure, every document that the plaintiff files has to be signed by the attorney and must include the attorney's firm name, phone number and fax number.

J.Hazelbaker :

It's required.

J.Hazelbaker :

So, look at the complaint that was filed, go to the signature page, and under the signature you will find the information.

Customer:

So wht happens if that info is not there

J.Hazelbaker :

Go to the Virginia Bar Association page

J.Hazelbaker :

They will have a lawyer search

J.Hazelbaker :

That will provide the contact information for the attorney.

Customer:

Thanks

J.Hazelbaker
J.Hazelbaker, Attorney
Category: Legal
Satisfied Customers: 4,385
Experience: Attorney and small business owner with 10 years experience in the general practice of law.
Verified
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