Judgment on Landlord

[stressd2themax]

What is the name of your state (only U.S. law)? California

I have a question. I sued my landlord for my security deposit in small claims and won.

I just received an email from my landlord...stating they will pay the judgment on time and won't appeal it if I vacate the judgment so it doesn't go on their credit. I'm really upset because I feel this is basically harassment...the judge under oath asked them if they wanted to proceed cause it would go on their credit and they agreed and now they are threatening me.

I researched a little and noticed that the only way to vacate a judgment is if you in fact are the defendant and 1. wasn't served properly and 2. if you have just cause why you didn't appear in court...not the case.

Has anyone heard of this before...about vacating a judgment? I don't think it can be done?? I'm thinking of just ignoring this...after what they put me through..I don't feel I should do them ANY favors.What is the name of your state (only U.S. law)?

 

[Dandy Don]

Send them a return e-mail asking them to produce the money they owe you immediately or else you have no choice but to go forward with the small claims action
.

It's not YOUR problem if the matter goes onto their credit report-they truly don't care about this--it's only a delaying, stalling tactic and you shouldn't fall for for it. And when and if they do eventually pay you what you are owed it's a simple matter for them to update their credit record by reporting that fact to the credit agency.

 

[dcatz]

Has anyone heard of this before...about vacating a judgment? I don't think it can be done??

Yes, it absolutely can be done. What you read about was a unilateral effort to vacate judgment pursuant to CCP sect. 473 or 473.5. A cooperative agreement to vacate judgment can always be effected by Stipulation of the parties.

The defendant is offering you a choice:
1) We go to appeal. If we lose, you have judgment which you then have to enforce, because we’re not paying voluntarily, or
2) We’ll waive our right to appeal and pay voluntarily, but we want you to vacate the judgment and dismiss the case with prejudice so that our credit record is unaffected.

It’s a common deal for the reason offered. It means the difference between “judgment – paid” on the credit record and no record at all. Once you vacate the judgment and dismiss the case, it’s as if it never happened and there’s no record.

And yes, it’s your choice. Punish them, ensure there’s a black mark on the record and chase the money (you may or may not be successful and it will be sooner or later) or agree, give them a clean slate and get paid voluntarily.