[glu2706]

On a previously filed show cause order due to lack of jurisdiction,(improper service) that was signed by the judge, I just received notification that my motion to vacate default judgement has been granted I now have 20 days to file and serve an answer,( I guess to the original summons had the improper service not occured) The problem is the debt is so old( Northstar capita acq / jdb) I don't have any supporting docs, in my show cause order I gave a brief answer not denying the debt but saying the amount was extremely incorrect I also paid to the sheriff on this to prevent a wadge garnishment and or job loss as a result (it would surely be labeled lack of work) a sheriffs dept rep told me if there is a judgement you have to pay nothing else can be done,My question is how do I answer if I have little or no supporting docs or is there a chance to offer some type of payment to opposing council in order to not oppose the vacate order? Would a vacated judgement be removable from my cr? You guys have been great in the past any help would be greatly appreciated.

Thank you

[ScottGem]

First, you don't need any supporting documents. You are the defendant, its up to the plaintiff to prove their case.

Unfortunately, since you have made payments, this will be proof that you acknowledge the debt. Also, having made payments, you have restarted the SOL.

So you are unlikely to win this case and the court will, very likely, grant a judgment.

I would still just tell the court of your Intent to defend, and send a copy of that to the plaintiff, with a request for verification of the debt. In that request, you can state that, if they can verify the debt you will be willing to discuss a settlement.

[glu2706]

Thanks for your answer, I guess what I'm trying to find out is since I am unlikely to win is there an opportunity to pay provided they allow the vacate to stand, or request dismissal of the suit? Thanks again for your help !

[ScottGem]

If they are asking you for an answer then the suit is still ongoing and they haven't "let the vacate stand". Until your court date, you do have the option to try to negotiate a settlement.