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    obie_7923's Avatar
    obie_7923 Posts: 3, Reputation: 1
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    #1

    Aug 8, 2010, 07:15 PM
    How to file a motion to vacate in virginia
    I had a Judgment filed against me in Montgomery CO Virginia on April 28 2004. I recently sent a letter to the address of the plaintiff from the judgment to resolve the judgment. The letter was returned with no response. How do I go about solving this problem? Can I file for a motion to vacate?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 8, 2010, 07:33 PM

    No. Find out when the judgement xpires and then check if it was renewed. Just because you can't find the plaintiff doesn't affect the judgment.
    obie_7923's Avatar
    obie_7923 Posts: 3, Reputation: 1
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    #3

    Aug 9, 2010, 07:58 PM

    Thank You very much. It helped but at the same time it didn't. I called the clerk who was not able to provide any info when or if it expires. She did state that it has not been renewed. Any idea on how to clear this up so I can get it off my credit report?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Aug 10, 2010, 04:14 AM

    You know when the judgment was awarded. You also need to know what court it was awarded in. This site shows when they expire:
    http://www.bernsteinlaw.com/news/50_State_Judgment.pdf

    So you have until at least 2014 before it expires. It should drop off your credit report after 7 years.
    obie_7923's Avatar
    obie_7923 Posts: 3, Reputation: 1
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    #5

    Aug 12, 2010, 06:18 PM

    Thanks a lot. Very informational and helpful.
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