To stop a judgment from being renewed, your primary action is to file a motion to vacate the renewal within a strict timeframe.
Understanding Judgment Renewal
When renewal of judgment is granted, the creditor will have an additional 10 years to collect on the judgment. This significantly extends the period during which they can pursue collection efforts, such as wage garnishment, bank levies, or liens on property. For more information on understanding this process, you can refer to resources on understanding renewal of judgment.
How to Fight Judgment Renewal: The Motion to Vacate
If you wish to fight renewal of judgment, the most critical step is to file a motion to vacate the renewal.
The Strict 30-Day Deadline
It is imperative that you act swiftly. You must file a motion to vacate the renewal within 30 days of receipt notice of renewal. Missing this strict deadline can significantly hinder your ability to challenge the renewed judgment.
What is a Motion to Vacate?
A motion to vacate is a formal legal request made to the court asking it to nullify or set aside a previous order or action, in this case, the judgment renewal. This motion must be based on specific legal grounds, which can vary depending on jurisdiction and the circumstances of the original judgment and its renewal. Common grounds might include:
- Improper service of the renewal notice.
- Procedural errors in the renewal process.
- Evidence that the original judgment has already been satisfied (paid in full).
- Mistake, inadvertence, surprise, or excusable neglect affecting the judgment.
- Fraud or misrepresentation by the creditor.
Practical Steps to Take
- Record Date of Notice: As soon as you receive notice of judgment renewal, precisely record the date you received it. This marks the beginning of your critical 30-day window.
- Seek Legal Counsel: Promptly consult with an attorney specializing in debt collection defense or civil litigation. An experienced attorney can help you:
- Determine if you have valid grounds to vacate the renewal.
- Prepare the necessary legal documents, including the motion and any supporting affidavits.
- File the motion correctly with the court.
- Represent you in any subsequent court hearings.
- Gather Documentation: Collect all relevant documents related to the original judgment and its renewal, including the original judgment order, any payment records, and the renewal notice itself.
- File Timely: Ensure the motion to vacate is officially filed with the court and properly served on the creditor within the crucial 30-day timeframe.
By taking these precise steps within the specified timeframe, you can actively challenge and potentially stop a judgment from being renewed, preventing the creditor from having an additional decade to pursue collection.
