Default Judgement vacated! what to do next?

[debtbegonealrdy]

Went to court today and had the default judgement agains me vacated! WOO HOO! :yes: Now, I would greatly appreciate advice as to how to proceed.

1. I would like to have the judgement removed from my credit report.

A. Do I send a request to attorney representing the creditor, the creditor itself, or both?
B. Is there a specific form required to do this, and what should I send?

2. I still have to provide an answer to the original complaint to the plantiff and the file it w/ the court as well.(so as not to default again) I plan to answer by asking for validation/ownership of the debt....It was asked for but never provided and was not attached to original summons.(possible violation of FDCPA reg. 940 CMA 7.08).

A. What else should be included in my answer? What documention should I provide?

Any help/ advice would be greatly appreciated.
Thanks in advance!
D.

 

[Michael Wechsler]

1) If there is an attorney, send a letter to the attorney and copy the client. You can do so since you are not an attorney and can communicate with the client, even though I would just send a certified notice to the attorney. There is no specific form you need, just a letter with the information, demand/request and copy of the order to vacate.

2) Hmmm... do you have a defense? If you don't have a defense, then you've got a problem. Not being provided proof of ownership of the debt is a defense to not paying them the debt but I'm guessing that they sued because they believe they sent you plenty of notice and weren't getting results.

Your best bet of getting this off your credit? If you owe the money, be prepared to pay in full the balance due should the attorney provide proof of ownership of the debt. If you're just dragging this out in court to buy time, you're going to likely see a lack of cooperation from the other side.