[bettyp2k8]

Can I file a motion to vacate final judgement from Sallie Mae. I was not served because the summons was delivered to an address that does not belong to me. I am aware because it's on my credit report. Thanks in advance.

[JudyKayTee]

Yes, if you can improper or insufficient service you can file a Motion to vacate the judgment.

The "other side" will, of course, attempt to prove that service was sufficient. It is NOT mailed; it is personally served. They will present an Affdavit of some sort and you will counter that it never reached you.

So you are saying you were also never notified of the Judgment?

[joypulv]

You can file, but might lose.
As has been pointed out elsewhere here, the court will likely say that you found out about the judgment, so don't have a case. Also did you keep your creditor informed of where you lived when you moved?
If there was something unfair about the judgment or you really have a valid reason for not knowing you owed, please answer below, and maybe people can help you.

[ScottGem]

As I read this you just found out about a default judgment from a credit report. That you previously were totally unaware you were being sued.

If so, yes you can file a motion to vacate. You might even get it. But that's only a delaying tactic. You will be properly served before you leave the courthouse. So then what do you do?

[bettyp2k8]

The address noted on the court docs is not an address I have ever lived at. I have prepared a motion to vacate based on not properly being served.

[ScottGem]

Ok so what are you going to do when they properly serve you?

[Fr_Chuck]

First is there any reason for them to believe you lived there. Where you visiting that address, was it an address of a close friend.

And how do you know it was delivered to a wrong address ?
I assume you looked at the court records.

[bettyp2k8]

Correct. I simply sent a dispute no knowledge to equifax and it was removed, but it still remains in my transunion. Will it auto update or should I dispute with transunion as well?

[ScottGem]

You have to dispute with each credit bureau separately.

I'm actually surprised Equifax removed it since the record is accurate. You do have a judgment against you. Until its vacated they shouldn't remove it.

You still haven't answered what you will do when they properly serve you.

[bettyp2k8]

I don't know what I will do yet. Still researching.

[ScottGem]

I don't know what I will do yet. Still researching.

Is the debt yours? Do you owe the money?

[bettyp2k8]

Honestly it's a student loan and it probably is but I'm not sure about the amount though?

[bettyp2k8]

So are u saying they may place it back on my credit report?

[ScottGem]

So are u saying they may place it back on my credit report?

Yes, If they took it off it was probably pending an investigation. If Sallie Mae can confirm the debt and the judgment, they will put it back.

I would try to work out a settlement.

[bettyp2k8]

I won't be able to settle in the amount. I may ask for payment arrangement and see if it will be granted. Just don't know if it's too late.

[ScottGem]

When I said settle, I meant for a lesser amount or to setup a payment plan. You make an offer under the proviso that if they prove the debt is your you are willing to work out something.

[bettyp2k8]

So what your saying is that... if the debt is validated I may be able to work out a payment plan with the creditor once the judgemnt is heard before a judge.

[ScottGem]

What I'm saying is that, if you know they can prove the debt, a judge will reaffirm the judgment. But if you arrive at a settlement before it goes back to court, you can avoid having the judgment reaffirmed.

Once they have a judgment, they have less of an incentive to settle, since they have the legal means to collect.