Vacating A Judgement

QuestionsVacating A Judgement
asked 3 years ago

Okay here is the story. Back in August when I began my re-building I found a default Judgement that Waterfront Capital obtained against me on behalf of Credit One. The Judgement was filed on August 2, 2013. The default judgement was entered September of 2013. The DOFD was September 2007. The chargeoff fell off my reports sometime in 2014.

The Judgement has not reached my files as of yet, but know it can appear at anytime.

After reading the court documents, they filed suit 3 weeks before SOL of the debt. (WHICH IS MINE)

They filed in a County that I have not lived in since 2008. I moved to New Hampshire from Massachusetts. Moved back to Massachusetts in May 2013. Remember, they filed suit in August of 2013. I was sent notice to an address that I have not lived in 8 years.

I have rent leases, tax returns, employment records proving all of this. So I can prove without a doubt that I was NEVER served and had no idea of this suit against me.

I am going to the County Courthouse tomorrow where the Judgement was issued to have it transferred to the County I live in since I have moved back to Massachusetts. (2 hours away)Then I am going to file a motion to Vacate.

Please note that I read in the court documents that they got return service saying undeliverable and that Waterfront Capital needs to find a better address. Then two weeks later they got granted a writ for money.

So, I know Waterfront did what they did 3 weeks before SOL so they would get a default Judgement.

So here’s where I need education. I know I will get it vacated because I can prove without a doubt I was not served, EVER. Can I use time barred, SOL? When they file suit once I get the Judgement vacated?

I’m not trying to get out of the debt, I have paid all my bad debt, except this one because I didn’t know it existed until I did a public search and found it. I need to prevent this from appearing on my reports.

Your thoughts or questions please.

Register New Account
Reset Password