How to set aside judgment given in my favor?

[kaleidocollage]

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

I sued my ex-landlord for refund of the security deposit after I moved out. I got a judgment from small claims in my favor yesterday.

Is there any way that I can request the court to vacate this judgment? What reason can I give them? I know, it sounds very weird, but the landlord has now offered to settle outside if I did that because he doesn't want it to go on his credit report and I personally have no problem with that. As long as I get my money back, I have no interest in hurting him further. He should have done it right at the start, but he didn't and is obviously regretting it now.

If there is no way that the judgment can be vacated, is there any way that it can be prevented from getting on to his credit report?

Thanks.

 

[Baranov]

The time to negotiate has come and gone.

 

[TigerD]

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

I sued my ex-landlord for refund of the security deposit after I moved out. I got a judgment from small claims in my favor yesterday.

Is there any way that I can request the court to vacate this judgment? What reason can I give them? I know, it sounds very weird, but the landlord has now offered to settle outside if I did that because he doesn't want it to go on his credit report and I personally have no problem with that. As long as I get my money back, I have no interest in hurting him further. He should have done it right at the start, but he didn't and is obviously regretting it now.

If there is no way that the judgment can be vacated, is there any way that it can be prevented from getting on to his credit report?

Thanks.

Don't be dumb. If you vacate the judgment -- you will never get paid.

Get your money and don't worry about the landlord. If he cared, he should have paid before it got to that point.

You don't have to settle -- you have a judgment.

DC

 

[Cvillecpm]

Take the $$$ and record a satisfaction

 

[Just Blue]

Why would the Judgment even show on a CR if it is paid?

 

[CourtClerk]

Why would the Judgment even show on a CR if it is paid?

Because the judgment occurred and that's all the credit reporting agencies care about.

As to the OP, you can file a motion to vacate and an request for dismissal (without prejudice, of course) once you get your money. If the judgment appears on his CR, then he can always dispute with a copy of the order of dismissal.

 

[ecmst12]

You think he would do the same for you if the positions were reversed? I doubt it. Once he pays you, report the judgement SATISFIED with the court. If he didn't want it on his credit, he should have paid you before you had to take him to court.

 

[justalayman]

You think he would do the same for you if the positions were reversed? I doubt it. Once he pays you, report the judgement SATISFIED with the court. If he didn't want it on his credit, he should have paid you before you had to take him to court.

exactly. The ONLY reason you have a judgment is because he failed to pay. Somewhere along the line he apparently believed he would prevail in court so rather than paying you as you walked into court, he decided to play it all the way to the judge and he lost.

Now he wants you to give him special treatment? Why didn't he think of you when he failed to pay you originally? Why didn't he pay you when you filed suit (that took time and effort on your part) Why didn't he pay you on the way into the court? He could have prevented all of this including wasting all of your time by simply paying what he owed you and now he wants YOU to do him a favor?

I hate to be harsh but I believe you would be foolish to even entertain the thought of helping him at this point. You won now collect your money and go on with life. You did not cause his problems, he did so let him deal with the problems he caused for himself.