Is getting this judgment vacated possible?

Question

Is getting this judgment vacated possible?

Anonymous Nov 28, 2012 3 views 2 answers

I obtained a car in 2004. Sadly, it was repossessed in 2004 as well. I was sued in court in 2007 and we mediated right then and there for a payment plan which I was paying on until 2/2009 despite being unemployed since 10/2008. After regaining employment in 7/2009 I contacted the collection agency 5 times to resume my plan, but never heard from anyone again until 11/9/2012 when I received garnishment paperwork from my employer. I immediately filed for exemption for HOF with a hearing set for December. I began reviewing the docs associated with the judgment and found that A. They got a judgment in 2008 stating non payment, when I WAS paying (I have my receipts); and B. I was not served on this. So I had no chance to defend myself. Upon doing more research...continued

Joshua Tejes · Accepted Answer · 2026-06-15T10:40:37+00:00

On those facts it isn't likely that you will be able to vacate the judgment. However, you should check the language of the payment plan that you agreed to in 2007. Most of the stipulations that I see allow the plaintiff the right to a judgment if you default. Since you admit that you defaulted on the payments in 2008 I don't believe that the court will vacate the judgment.

Lawrence Marraffino · Accepted Answer · 2026-06-15T10:40:37+00:00

I think I talked to you on the phone? The answer is probably yes, but I would have to see the stipulation. Some require notice, some do not. It is definitely worth investigating. Lawrence J. Marraffino Gainesville Board Certified Civil Trial Lawyer

Is getting this judgment vacated possible?

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