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View Full Version : Should I have paid the judgment prior to requesting for it to be voided?


Aroberts75
Dec 27, 2011, 02:29 PM
I have a judgment against me in the amount of $431 from a dentist office. TODAY, I filed a motion to the judgment dismissed on the grounds that I wasn't properly served (it was sent via certified by I never got it - it was returned to the courts). So now, I'm waiting. However, overlooked a note that I had that said "file motion after amount is paid". I'm thinking I wrote that because if I sent the courts a copy of the motion with a check showing "paid" they would approve (unoppose) the motion based on the fact that the debt was settled. Should I have paid the judgment prior to filing the motion to void?

Fr_Chuck
Dec 27, 2011, 03:12 PM
No, the purpose of filing a motion to vacate is so the judgement is not valid.

I will ask what you wish to prove or do, they will just give you new service. BUT, if this was your real address and you just refused to sign for the letter. In many areas refusal to accept is considered service

Had you paid it, you would have not filed for improper service, but filed because it was already paid.

ScottGem
Dec 27, 2011, 03:41 PM
Filing a motion to vacate on the grounds of improper service is simply a delaying tactic. You will be properly served before you leave the courthouse. The plaintiff will then reinstate the suit and tack on additional interest and court costs.

If you acknowledge the debt, then pay it and have vthe judgment be marked as paid.