Judgment was stricken, can I get it removed now?

[futurehomeowner?]

My wife had a default judgment from Midland in 2010. We hired a lawyer and he went to court this morning and the judge stricken (is that the right way to say that) the judgment. The lawyer said this means the case is now reopened and he can file the objection and fight the case. Does this mean that the judgment no longer exists as of right now? If that is the case should I be able to get the public record off of her credit report? If all of that is correct then what type of letter should I send?

Edited February 7, 2014 by futurehomeowner?

[moosetracks]

Yes it means the judgment is nullified and no longer in existence, the judges order should be sufficient to get it removed from the CRAs. If the plantiff comes at you again to get ano judgment I would be working out a payment plan with them as long as it is still inside the SOL.

[Cozmo]

I sent a letter to all three CRA's telling them the date that mine was vacated to make it easier to investigate, and all three deleted it. It seems like one of them took longer than the others, but they did finally remove it.

[futurehomeowner?]

Yes it means the judgment is nullified and no longer in existence, the judges order should be sufficient to get it removed from the CRAs. If the plantiff comes at you again to get ano judgment I would be working out a payment plan with them as long as it is still inside the SOL.

 

Any idea how long it takes the courts to get the data entered? I guess it would be different in all courts. I wonder if it is too soon to mail a letter tomorrow. Maybe I should wait until next week.

 

The fee I paid the lawyer included fighting the judgment as well. He said that when he gets the judgment vacated it takes it back to an open lawsuit. He said he has 20 days to get a defense in and we continue to fight it in court. He claims that he has a 100% rate against Midland and this should be an easy one since the credit card is from 2007.

 

For some reason Midland has never been on the credit report. It has always just been the public record so if I can get the PR off of her report she will be clean and we will be ready for a house. I guess there is a chance that he could lose but at that point we would just pay the judgment and be done with it.

[classicsal]

I sent a letter to all three CRA's telling them the date that mine was vacated to make it easier to investigate, and all three deleted it. It seems like one of them took longer than the others, but they did finally remove it.

 

I sent a letter to all three CRA's telling them the date that mine was vacated to make it easier to investigate, and all three deleted it. It seems like one of them took longer than the others, but they did finally remove it.

Can you post a example of your letter to the CRA's?

[ICANHASMUNY?]

My wife had a default judgment from Midland in 2010. We hired a lawyer and he went to court this morning and the judge stricken (is that the right way to say that) the judgment. The lawyer said this means the case is now reopened and he can file the objection and fight the case. Does this mean that the judgment no longer exists as of right now? If that is the case should I be able to get the public record off of her credit report? If all of that is correct then what type of letter should I send?

 

 

Yes it means the judgment is nullified and no longer in existence, the judges order should be sufficient to get it removed from the CRAs. If the plantiff comes at you again to get ano judgment I would be working out a payment plan with them as long as it is still inside the SOL.

NO WAIT ON IT> the original judgment May be technically vacated - but that isn't going to remove it from the county records yet.

 

 

the case is reopened - you get a new trial once you win, then your attorney will get this taken off the county records

 

talk to your attorney about any actions you take while this case is ongoing.

 

you may have further rights to FDCPA and FCRA damages once you win the second round.

 

i