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Can I Get a Judgement Vacated Without Going Through The Court Process?

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.

Categories: Bankruptcy
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