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    Merissa75's Avatar
    Merissa75 Posts: 3, Reputation: 1
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    #1

    Jun 19, 2008, 12:02 PM
    Removing judgement
    DH and I have not been able to get a judgement vacated by an apartment complex we rented from. We have contacted the complex and they have no record of damage or money owed. Corporate told us they didn't have one either and that it was up to us to get it removed. I should add that we where given a refund by corporate after moving out. How can they legally file a judgment when they sent me a refund? :mad:
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 19, 2008, 01:05 PM
    You will need to appear in court, get a letter from both the apartment and the corporation that there is nothing owed any longer.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #3

    Jun 19, 2008, 01:12 PM
    Do you want the judgement 'vacated' or 'satisfied'? To vacate a judgment, you will need to file pleadings in the court, have the other side served, and schedule and appear at a hearing. If the judgment has been paid and you owe nothing, attach a copy of the judgment to a letter by the creditor, signed and dated, stating that the foregoing judgment has be paid and fully satisfied. Take the letter to the clerk of court and have the judgment marked, 'satisfied'.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #4

    Jun 19, 2008, 01:16 PM
    How did they get this judgment?

    Did you receive notice of being sued, and fail to show up for the court date?

    If you were never properly served, I would use that as a reason to have the judgment
    Removed, based upon not being legally notified of the suit.

    If you knew, and just didn't go, then the best you can do is to get the judgment marked as satisfied.

    George has given you good advice to accomplish that.
    Merissa75's Avatar
    Merissa75 Posts: 3, Reputation: 1
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    #5

    Jun 19, 2008, 01:27 PM
    We where never notified, served, etc... We found out when we went to close on our home that we had a judgement. It affected our interest rates dramatically. We had no contact from the apartment complex other then a refund for part of our deposit the January(10 months) after we moved out. It was for $323.

    We called the company that filed the judgement only to have them deny they did one. They have no record of it. They told us we where on our own to figure it out.

    What I don't understand is why would they refund us money if we supposedly owe them money. Even if they have no record of us owing anything. :confused:
    Merissa75's Avatar
    Merissa75 Posts: 3, Reputation: 1
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    #6

    Jun 19, 2008, 01:28 PM
    I assume we want to have it vacated since it isn't a valid judgement.
    progunr's Avatar
    progunr Posts: 1,971, Reputation: 288
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    #7

    Jun 19, 2008, 01:31 PM
    Quote Originally Posted by Merissa75
    I assume we want to have it vacated since it isn't a valid judgement.
    Contact the court where the judgment was filed.

    Ask them what is in the file for proof of service of the original notice of the suit.

    If they have one, you will need to examine it, and verify if it is valid or not.

    If they don't have any proof of service, then you need to file a motion to dismiss the judgment on the grounds that you were never properly served.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #8

    Jun 19, 2008, 01:56 PM
    What state?
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