How do I get vacation of judgment?

[gladysg]

What is the name of your state? Virginia

I came across a post that said one could ask for a stipulation to vacate the judgment, reinstate the case and dismiss with prejudice. My creditor is Citibank. I have been paying a law firm but they switched law firms. The new law firm sent me a letter with the amount due, which is less than what I owe.

Do I need a lawyer to draft a letter to get this done? How would I word the letter and should I send a certified check following it? Should I ask for the amount stated in the letter minus any interest?

Just want it over as quick as possible and perhaps repair my credit. Any suggestions would be helpful. Thanks!

[seniorjudge]

Let's start from the top: Are you saying that someone already took you to court and got a judgment?

If that is so, then why should it be vacated?

That is, what was wrong with the way the judgment was entered against you?

[gladysg]

Let's start from the top: Are you saying that someone already took you to court and got a judgment?

Answer: Yes, Citibank.

If that is so, then why should it be vacated?

That is, what was wrong with the way the judgment was entered against you?

Answer: A lot, but too long to go into. Like I said, it's Citibank. Trying to get credit cleaned up. Should I cross reference post from one I saw on this site to get an answer?

[Chien]

Mea Culpa. Cross-reference the thread, if it helps, but I may have to take the blame, because I may be the only one who has consistently suggested that option and helped others do it (‘tho I recently noted that Debt Guy may have been persuaded and mentioned the possibility in one of his posts. Good for the learning that should go on between members, if so. I’ve learned so much from him and others.)

If it was a post of mine that you saw, my suggestions would be to contact the new firm by phone (letter, if that fails). Offer the amount that they’re claiming (as I understand the post, it’s less than you think you still owe), offer it in guaranteed funds (cashiers’ check) in a lump sum forthwith. The only condition is that they sign a Stipulation to vacate the judgment and dismiss the case with prejudice, because you’re trying to rehabilitate your credit record and this will help.

If they agree, the document is simple and they could prepare it, but offer to do that as well, if they refuse. Via PM, I’ll get a sample draft to you.

If you want this to happen, I wouldn’t haggle about interest. They don’t have to do it, so you want cooperation, not argument. It can be done and has been in 6 states so far. It’s not “pay to delete”, and I don’t see a reason that it couldn’t work in VA. I don’t think you need a lawyer. You’re articulate and can string two sentences togther, but how you approach it is your choice.