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thought judgement was vacated, but then...

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joe.c

Junior Member
can't ANYONE help me? thought judgement was vacated, but then...

What is the name of your state? NY

i recently found out about a civil judgement against me, when i started a new job and they did a background check on me. it was filed in 2003, because of a debt they were trying to collect, but i was never aware of the judgement because i had moved.

so after getting some advice, i filed a motion to vacate, sent out the appropriate documents to the plaintiff's law firm, and had the court date earlier this week. everything went smoothly, the lawyer filled out a 'stipulation of settlement' form (he crossed out the word settlement, though) stating:

"plaintiff agrees to immediately vacate the default judgement and lift any bank restraints or income executions, if any, while defendant agrees to serve and file an Answer withing 20 days at the date if this stipulation, and the waive any defense upon improper service."

so i signed, the judge signed and stamped, and i filed the Answer immediately. i was given another court date in october, which, i am told, is simply in order to agree to some sort of payment plan.

judgement vacated, correct?

well, the day AFTER court, in the mail i received a copy of an 'affirmation in opposition to order to show cause' drawn up by the plaintiff's firm. it stated that they did not want the judge to vacate the judgement and stated the reasons why. so now i'm confused. it seemed clear that the judgement had been vacated, and then i receive this document from the firm, which obviously was written before the court date (postmarked the day before court), and adamantly states why they are in oppostition of vacating, yet the lawer did not mention this to me or the judge when we met in court.

can someone tell me if the judgement is ACTUALLY vacated, and i can stop worrying, or if it sounds like the law firm is trying to do something i am not aware of?
 
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