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About Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

You are here: Experts > Business > Corporate Law > Collections Law > motion to vacate

Collections Law - motion to vacate

Expert: Regan Shinski - 11/10/2009

Question
if one has no actual knowledge that a judgment was filed (in 2004) would that be sufficient to file motion to vacate judgment?

how does one go about filing a motion to vacate judgment if judgment was filed in 2004 and just know hearing about it (mortgage lender pulls credit report)

thank you for your response

more info:
state is new york (new york city)
plaintiff is collection agency
original creditor is chase bank
defualt judgment in 2004

Answer
Hello Leigh:

That is a very common reason for trying to vacate the judgement. Your success depends on the court. Some have restrictions, most will at least entertain it. The process also varies by court. You should call or contact the court to find out the process. Their web site is likely a good place for information and forms as well.

Remember, filing a motion to vacate is basically asking for a retrial in a case you were already deemed liable. The burden of proof is strongly on you. I suggest familiarizing yourself with the process server laws, statute of limitations, and related credit laws applicable to your case.

Your best case would be if they did not properly serve you. The judgement would be vacated although the creditor can likely file again. Actually the very best case would be if it was filed outside the statute of limitations because that would be dismiss the case immediately but that is probably not likely.

Good luck,
Regan

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