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How to Vacate a Judgment

If you discover that you have a default judgment against you, there are options for getting rid of it by having the judgment vacated. You may ask how to vacate a judgment. The process works like an appeal. Once you can vacate a judgement, it is as though it never existed. You may have a sound case that would lead a judge to vacate the default judgment – and your may not even realize it. If any of the following are true, you may have standing to file to vacate a judgment:

  • You never received the legal paperwork, such as the summons or complaint, that resulted in a default judgment
  • A default judgment was issued without a hearing
  • You requested verification of the debt, but the debt collection agency never sent you a validation notice, but then obtained a default judgment
  • The debt in question was so old that it was past the statute of limitations and therefore legally uncollectible, even though the debt collection agency obtained a default judgment
  • You had a good reason for not responding to the summons or complaint, but a default judgment was entered anyway

Once you vacate a judgement, you can provide proof to credit reporting agencies, which are obligated to remove the default judgment from your credit reports.

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If you have been the victim of harassment or illegal or unfair debt collection practices, Lemberg & Associates will discuss your options with you and protect your rights. For more information, contact Lemberg & Associates today at .

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U.S. Ninth Circuit Court of Appeals, Evon v. Law Offices of Sidney Mickell
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