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Vacate judgement

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bradferrell

Guest
What is the name of your state? Texas.
I have a judement from a credit card default. Total approx. $5400. The default judgement was rendered in Sep. 1999. I tried to refinance my house and found out that they place a lien on my house in Texas (homestead). I went to the courthouse and got copies of all of the court papers to see if I could find a valid reason to file to have the judgement vacated. My question is..What are valid reasons to vacate the judgement? It appears that I was served properly. But, a couple of things stand out.

1) The only evidence presented that showed that I owed the money was a one page signed document from a National City Bank supervisor stating that a principal balance of $4,411.89 is owed by me. There were no documents with my signature.

2) There was no presentation of any evidence showing that the debt was within the 4 year SOL.

Are either of my two points valid or are there other reasons to vacate?
 


I AM ALWAYS LIABLE

Senior Member
bradferrell said:
What is the name of your state? Texas.
I have a judement from a credit card default. Total approx. $5400. The default judgement was rendered in Sep. 1999. I tried to refinance my house and found out that they place a lien on my house in Texas (homestead). I went to the courthouse and got copies of all of the court papers to see if I could find a valid reason to file to have the judgement vacated. My question is..What are valid reasons to vacate the judgement? It appears that I was served properly. But, a couple of things stand out.

1) The only evidence presented that showed that I owed the money was a one page signed document from a National City Bank supervisor stating that a principal balance of $4,411.89 is owed by me. There were no documents with my signature.

2) There was no presentation of any evidence showing that the debt was within the 4 year SOL.

Are either of my two points valid or are there other reasons to vacate?
My response:

Even if we assume that your points are valid (which they aren't), it is too late to file a Motion to Vacate the judgment. Usually, a litigant has a very limited amount of time, after the judgment is rendered, to have a judgment vacated - - somewhere in the neighborhood of 6 months.

As to your point number one - - Since you failed or refused to appear in court, that's all the plaintiff needed to show the court in order to have a judgment rendered in their favor.

As to your point number two - - The judge is not concerned with the Statute of Limitations. Pleading the Statute of Limitations is a "defense" - - that is, it's up to you, as the defendant, to bring that matter to the court's attention in your defense of the action. Since you weren't there, the defense of the Statute of Limitations is waived.

IAAL
 

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