Legal Question in Credit and Debt Law in Utah
Motion to Vacate Judgement
I owed some money to a school for NSF checks because I was having a family emergency that needed the money immediately. I called school's collector to arrange monthly payments and have asked him not to file a judgement against me. He has promised that he will not file a judgement against me. However, he has filed a judgement against me sometimes ago and I did not know anything about it. I have paid off the debt and found out recently that the school has a judgement against me on my credit report in 2001. What could I do? Thinking about ''Motion to Vacate Judgement'', but don't really know how. Thank you for helping and any suggestions.
1 Answer from Attorneys
Re: Motion to Vacate Judgement
The creditor could not have obtained judgment against you without serving you with notice. You can request a satisfaction of judgment from the creditor if the debts are paid. The satisfaction will need to be filed with the county recorder where you live. If you want to file a motion to set aside the judgment, you will have to show good cause for your failure to object - in this case that you did not get proper service of notice of the complaint.