One way of vacating a judgement without actually going through the court
process is by contacting the law firms directly and negotiating with them
to vacate the judgement. Oftentimes consumers or businesses do not know
how to do this because they do not know who to contact, or they don’t
know how to negotiate. Since there are only about ten of these debt collection
law firms in the entire state of New York, consumer and business debt
attorneys like us deal with them on an almost daily basis. In fact, these
law firms are generally very happy to work on negotiations with us because
it is an issue of money for them as well. Filing a motion to have a judgement
vacated requires them to appear in court and charge their client- the
creditors or the debt buyers- a lot of money.
Whether a judgement is vacated through the court system by filing a motion
or through the law firm directly by negotiation, the case will be reopened.
If the case is reopened, there is a full litigation process until trial.
The problem with this is that it can become a very expensive process for
the consumer, the banks and oftentimes the debt buyers as well. Because
of this, a negotiated settlement is generally preferred by all parties involved.
Consider, for example, that a man named Joe has a debt that is owed to
Capital One for $20,000 and Capital One obtains a default judgement against
him by using the law firm of Stephen Einstein & Associates. If our
firm responds by stating that Joe was never served properly, Stephen Epstein
& Associates will usually reply with an offer to vacate the judgement
if Joe agrees to pay a certain amount of the debt. By doing this, the
entire litigation process is avoided, and the client saves money both
in the total amount of debt owed and in the potential legal fees associated
with trial. In cases involving a debt of under $20,000, it makes sense
to negotiate because it is simply not worth spending a significant amount
of money in litigation.
Part of the reason agreements are reached so easily between all parties
in cases like this is that the bank, debt collection agencies, law firms,
and debt buyers are realistic; they understand that even if they sue a
client and obtain a default judgement against them, that doesn’t
mean that they will ever see any money from them.
For more information on
Vacated Judgement Without Court Process, a free initial consultation is your next best step. Get the information
and legal answers you are seeking by calling
(646) 453-6009 today.