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File a motion to vacate

Posted on: 09th Jan, 2012 01:57 am
I filed BK7 it was discharged. I have a default judgment showing on my Credit Report. I know that I need to file a motion to vacate and I have prepared the required docs for it. Do I have to serve or request the court to serve a copy of the motion on the original creditor? I feel that the original creditor would have no interest in this judgment as it was discharged in the BK.
Hi blueeyes,

As far as I know, if you had filed bankruptcy on your own, then you will have to serve the request to the original creditor. Nevertheless, you can have a word with an attorney and take his opinion in this matter.


Posted on: 09th Jan, 2012 02:31 am
Hello blueeyes,

Well, a motion to vacate a judgment asks the court to essentially set aside the judgment. It is different from an appeal, in that an appeal asserts that the trial court either applied the wrong law or applied the correct law incorrectly.

Posted on: 10th Jan, 2012 12:47 am
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