Default Judgement - Question Re Options to Vacate

[DanKenny]

Hi,

Thanks for a very informative board. I have reviewed most of the messages regarding default judgments and possible routes for vacation.

I have been a resident of PA since 2005, after having lived in MD for 2 years (2003 - 2005).

Sometime in May 2006, my previous landlord in MD sent what they alleged as an outstanding last month's rent to collections (I had paid it, but couldn't prove it with either receipt). I called the lawyer in June and started an arrangement in good faith. But in June, I was out of job and would not resume work until October 2006. In addition, my kids were physically abused by their mother during that summer. The ensuing litigation for custody exhausted my physical and financial resources, such that I couldn't keep up with the payments.

I started work in October and had a backlog of summer bills and expenses to catch-up with. By December 2006, the law office handling the collections sued me in a Maryland District court. I was served in PA, in December just before the holidays. I was actually on my way out of the country regarding my daughters abuse case. I got the envelop, signed for it in a hurry and dashed off to catch an airplane.

When I got back to the US in January 2007, I called the lawyers office a couple of days before the scheduled court date in February 2007 to try to have the motion vacated. The lady(she is the lawyers secretary) told me it was too late, and I could try and make a full payment - even then it would not be possible for them. So she told me it was my choice to either be present at the court or not. If I don't appear, they would get a default judgment, and all I would have to do is pay the money and they would issue a certificate of judgment. At that time, I was not aware of the 7 year consequences of public records, and went with the lady's suggestion.

They got a default judgment in February 2007. Since then I paid the full amount owed, and a have received the Order of Satisfaction from the lawyer and the court in May 2007

I must admit I erred on many fronts -- in hindsight, I could have negotiated a better settlement strategy. But now it is too late. I called the lawyers office to try and negotiate the vacation (after I have paid them). The same lady was adamant (in fact almost rude) that they would only issue an order of satisfaction. I even sent a private email to the lawyer handling the case, who only passed it on to the same lady to handle.

So, right now, I am left with a settled public record. I am single father trying to get suitable accommodation for myself and my kids, but the judgment has already prevented me from securing an apartment.

Do I have any options to have it vacated. I believe I can vacate it on procedural (wrong service) or factual (debt is not mine) grounds.

Do I have any of these grounds? Is there any other way to have it vacated?

I would appreciate your advice. Thanks in advance - DK

[debtcollector`]

The short answer is no. There is nothing you can do.

The longer answer will involve you spending a lot of money to find out there is nothing you can do.

DC

[shannon-cl]

"Nothing can be done here" except pay the debt. It would be way too costly to try and have the judgment placed aside and then you would probably be denied the request by the courts.

[Ladynred]

If you PAID the judgment, in full, then the judgment is satisfied and you (hopefully) have a letter of satisfaction that has been filed with the court.

You cannot now vacate a PAID judgment. To vacate one that has not been paid means to turn back the clock as if it had never happened. That is not true in your case, it's over and done with, you met your obligation. Your credit report SHOULD reflect that the judgment has been satisfied. If it does not, dispute it. However, I slightly better strategy would be to just let it sit for a few months, then try disputing it. You may succeed in getting it deleted entirely way before the 7 years is up.

[Chien]

For subsequent readers of this post, who are similarly situated, following the advice in DC’s signature line to “search” on the forum would be the most productive suggestion.
As has been previously discussed and done, it is possible to get relief from the credit reporting stigma of a recorded judgment, and payment is a part of the process. Trying to vacate the judgment is not, unless you have an absolute defense, because vacating the judgment just starts the litigation process anew. And, as LNR so clearly and emphatically points out, you will not be successful, regardless of the grounds, once the judgment is paid.
The error that the OP fails to acknowledge (and probably did not know) is that relief from the judgment must be part of the settlement negotiation process.