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Re: WHYCHAT/LADYNRED/GINGER: Vacate judgement


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Posted by CAK (66.140.213.150) on November 28, 2003 at 09:20:45:

In Reply to: WHYCHAT/LADYNRED/GINGER: Vacate judgement posted by Judgement headache on November 26, 2003 at 14:15:29:

If you were never served, vacated is still much harder to do than to have your Judgment nullified. It means the same thing, its just much easier and the court clerk will do it for you.

Procedure,
Call the court and have them view your case file. Ask them to look at the servicing document and see what the process server says about service on you. If it says you were not served, then ask the court clerk to issue an order correcting your Judgment, legal term, (Nunc Pro Tunc) and according to Supreme Court Rule 74.06. You then send this copy of your amended Judgment to the individual CRA's listing your Judgment for deletion.

Be advised that, if this is truly your debt, they may try to have you served again, even if it is past the SOL as a copy of this is also sent to the Plaintiff or Attorney or both. I'm sure you know your rights if it is past SOL.


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