Ask Experts Questions for FREE Help !
Ask
    Aroberts75's Avatar
    Aroberts75 Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 27, 2011, 02:29 PM
    Should I have paid the judgment prior to requesting for it to be voided?
    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How to remove paid judgment in Texas [ 1 Answers ]

I have paid my judgment and got all legall papers from creditro lawyer saying I have paid in full and a release of judgement from my creditor. Can I remeove the judgment from my credit. Your advise will be appreciate. Thaks al lot.

Requesting to set aside default judgment in California supre court, san diego [ 1 Answers ]

I am desperate. I need to do a Motion to set aside judgment in san diego, superior court, and don't know where to get the Form. My hearing will be in march 26.. I did not do anything wrong, I am not citizen, don't know about law, but the maanager told a lie about me, and the compnay ask the judge...

Can a judgement be removed if it is paid in full prior to going to court? [ 4 Answers ]

Hi this is my first post. My question is this. My spouse and I got turned over for collection for a medical bill and now we are being sued and have been ordered to appear in court. If we pay the full amount due to the law firm handling the dispute prior to the court date will this still show as...

Obtaining a Judgment on a debt that has a prior Judgment [ 1 Answers ]

Now I thought that you can't get another judgment on a debt if there is a prior judgment obtained back in July 2004 from Ohio. But the debtor moved to New York and they want to have an atty in New York place another judgment on the same debt. Don't they have to request an Exemplified Judgment...


View more questions Search