Dont be too worried, though. Attach a copy of your orders. Defendant may plead within the time up to the date of mailing or delivery of the notice plus ten days. Did Estate 1A-1. Example of a State Statute on Motion to Vacate Judgment or Sentence. MTAMJ MTEXTMotion to Amend Judgment Motion for Extension of Time to answer/ MTSAA Motion to Set Aside Award . On 06/11/2010 JPMorgan Chase Bank N A Plaintiff filed a Property - Foreclosure lawsuit against Chana Wasserman Defendant.This case was filed in Broward County Circuit Courts, Broward County Central Courthouse located in Broward, Florida. 42 Pa. C. S. 5526 stipulates that all action to renew or revive judgment liens on real property must commence within five (5) years. A motion to vacate a sentence that exceeds the limits provided by law may be filed at any time. WHEREFORE, Defendants respectfully requests the Court to grant the Petition to Open Judgment and allow ABC Throughout Del Mar and San Diego County, many people enter into agreements and obtain judgments that later turn out to be unsuitable to fit their needs. Choose My Signature. As part of the collection process, you can be sued for the amount owed, plus interest and court costs. Know When to Make a Motion to Vacate Judgment. Law, Employment Strauss v. However, defendant does not plead within the agreed time. If a defendant files a motion to vacate, they are asking the court to withdraw the original judgment because of a legal reason. We have other sample letters to handle a variety of credit situations. Sometimes, it might happen that a person who has been sued does not receive notice of the lawsuit, so was not aware of the proceedings. All grounds for relief shall be raised in a single petition. This type of judgment applies to cases where a full trial is not needed due to a lack of evidence or complex facts. Property liens can be renewed for up to 20 years. Judgment liens are involuntary, which means that a creditor may attach a lien to a debtors property without the debtors consent. A judgment is good for five (5) years in Pennsylvania, after which it must be renewed. A motion to quash that is approved would also invalidate any applicable decisions from a lower court. to State, County and Municipal Public Records, Appellate Courts and Disciplinary Boards court post search, Sewing machines owned by private families or seamstresses, excluding those for hire or sale. Take your time and be thorough the first time around because its probably your only shot. 6259; amended January 19, 2001, effective July 1, 2001, 31 Pa.B. It is important to note that enforcement or collection methods for judgments rendered by a magisterial district court are limited to property seizure. Like most Pennsylvania court records, judgment records are accessible to the public. In illustrations 4 and 5, the plaintiff has entered a valid judgment by default against the defendant and the prothonotary has entered the judgment in the docket and noted the date thereof. 1. Dont be afraid to ask questions; after all, the clerk is there to help. While electronic records and documents are available on public access websites and other online avenues that the court provides, physical records may only be available in courthouses or Court Clerk offices in the state. Motions to vacate may also be used if a default judgement has been entered in a lawsuit. Norristown, PA 19404-0311. Most recently, she taught English as a second language for Montgomery County Public Schools in suburban Washington, D.C. Now she devotes her time to writing on legal and environmental topics. Any of the case parties may move the motion for a summary judgment; however, necessary conditions must exist for the court to grant the motion. Proofread and sign where needed. This commonly occurs when youve defaulted on a payment and your original creditor sells your outstanding debt to a collection agency. MOTION TO RECONSIDER, ALTER, AMEND, OR VACATE ORDER Overview: A party must file a motion to reconsider within 14 days after the entry of a judgment, order or decree. DISCUSSION Pa. R. Civ. Whether you need a trial lawyer, a bankruptcy lawyer, or a credit repair specialist, explore all of your options and dont be afraid to get professional legal advice. The first thing to do is to secure from the court that entered the judgment, the various forms and documents needed for filing the motion. You have no excuse or any case law to back up your claim that you thought you could just wait until the hearing in November to answer the complaint. The court in which the motion is filed will hold a hearing on it. Sample Motion to Vacate Judgment Under Rule 60(b)(4), This sample motion to vacate a void judgment in United States District Court under Rule 60(b)(4) of the Federal Rules of Civil Procedure is used when a defendant contends that the judgment i, 100% found this document useful (4 votes), 100% found this document useful, Mark this document as useful, 0% found this document not useful, Mark this document as not useful, Save Sample Motion to Vacate Judgment Under Rule 60(b)( For Later, Zo sudscrndf to my ATFF wffeiy if`ki gfwsifttfr vnsnt, Zo vnfw ovfr 3 skmpif if`ki jocumfgts soij dy !f`ki"ocs#ro, GOZNCF OA MOZNOG KGJ MOZNOG ZO QKCKZF BVJ@MFGZ VGJFT TVIF 1<(d)(:), Court aor kg orfr vk!ktng% thf &u%mfgt fgtfrf k%kng$t thfm og _____ og thf %roug$ thkt thf, &u%mfgt n$ von k$ thn$ Court ik! Vallecano. Fill out a Notice of Motion to Vacate Judgment and Declaration (Small Claims) (Form SC-135 ). A summary judgment is one that the court renders whenever there is no evidence or fact supporting the necessity of a full trial. According to 231 Pa. Code Rule 1035.2, a summary judgment motion is one that a case party files in petitioning the court to render judgment without a trial. A summary judgment is a decision which is made based upon the merits of the law. The court does not initiate or enforce judgments for creditors. Before using it, make sure you read our article onHow to Vacate a Judgment. Yes, There Is Some Good Debt. versttning Context Stavningskontroll Synonymer Bjning. Motion to Vacate a Judgment - Vacating a Judgment, Motion to Vacate. Subdivision (b) eases the burden of a party against whom judgment has been entered and who moves promptly for relief from that judgment. Please direct comments or questions to. There are exemptions or limits to public access on the UJS portal. This sample motion to vacate a judgment for fraud on the Court is made pursuant to Rule 60 (d) (3) of the Federal Rules of Civil Procedure on the grounds that a judgment was obtained through fraud on the Court, The sample can be used in any Distsrict Court within the jurisdiction of the Ninth Circuit Court of Appeals. The requirement of this rule for proceeding within ten days is not intended to set a standard for timeliness in circumstances outside this rule. According to 231 Pa.C.S. We are able to present this information to you free of charge because some of the companies featured on our site compensate us. The court may grant the motion to set aside the default judgment in these cases. Summary judgments may be rendered after the discovery process is complete, including witness and expert reports that can prove that a trial is necessary. Courts cannot violate any local or special court rules and the judge is not allowed to have partiality. Fraud Alert vs. Credit Freeze: Whats the Difference? Summarily, Pennsylvanias judgment laws highlight judgment processes and the litigants responsibilities. Judgments also appear on a debtors credit report. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default. Also, your lawyer can help file the motion and can represent you at the hearing on the motion. We are committed to keeping your e-mail address confidential. Fill out your forms. In cases where a defendant has reason to believe that the default judgment was not entered appropriately, the defendant or respondent may file a motion with the court to void or set aside the default judgment. Your guide to everything personal finance. Making a motion to vacate judgment means you ask the court to erase their decision. Thereafter, the defendant files a petition to open the judgment. The court holds such hearings within five (5) days of the sheriffs notice. A note to the rule cautions that the rule is not intended to change the law relating to the opening of judgments in any way or to impose a new standard of timeliness in cases outside the limited circumstances set forth in the rule. A judgment is a court order stipulating the responsibilities of parties in legal action. See Schultz v. Erie Insurance Exchange, 477 A.2d 471 (Pa. 1984) for the requirements for opening a judgment by default and Rule 3051 as to a judgment of non pros. Youll pay a small filing fee and fill out some more forms. A person should be sure to keep copies of all documents including declarations and other papers submitted to the court. Disclaimer: Crediful does its best to maintain accurate and updated information. It is important for persons who have judgments against them to pay the required amounts as the debts will not go away over time. This notice is generally two weeks after the end of a trial. Even though a judgment creditor may employ enforcement tactics to recover judgment, Pennsylvania exempts certain property or assets from enforcement or execution. Most judges have local rules which will describe the format of your motion. It has two parts: (1) a reasonable excuse for not filing an Answer within the 30 day time; and (2) a meritorious defense (a good defense). Also, this party may file a record showing that the case facts are not disputed and there is no reason for a trial. Basically, this motion suggests that the judgment has not been legally rendered. The sheriff may sell the property, after which the creditor may recover the judgment amount from the proceeds. Still, there are a few things you can do to take control of the situation. The UJS web portal operates on a public access policy, which details the states public records definition and how to request public records. Excusable Default Excusable default is the most common reason for vacating a default judgment. Typically the motion must be filed in a timely manner, and no later than 30 days after you receive a Notice of Entry of Judgement in the mail. Contact Directory. Or perhaps the interest they charged you was more than the states usury limits. Since judgment liens only attach to property in the county where the creditor files judgment, the creditor must conduct title and credit report searches to determine all the counties where the debtor owns property and file the judgment in all the counties. What Is Re-aging Debt and Can Debt Collectors Actually Do It? This motion is based on the following grounds:(Enter your reasons: you werent properly served, the judgment was entered even though you filed the right paperwork), ______________________________ (WD PA Rev. 3. If the debtor defaults on payment, the creditor may be able to seize and take possession of the liened property. Upon payment of the judgment, the debtor may be able to have the judgment removed from their record by obtaining proof of payment. Grounds for Relief from a Final Judgment, Order, or Proceeding. It is important to note that a debtor must have valid legal reasons to file an appeal. This includes your case name, court reference number, and all relevant parties. This method only works when the court's decision was made with incorrect or missing information. The requirements are very specific. We do not sell, rent, or lease our contact data or lists to third parties. (a) A petition for relief from a judgment of non pros or by default entered pursuant to Rule 237.1 shall have attached thereto a copy of the complaint, preliminary objections, and/or answer which the petitioner seeks leave to file. As mentioned, a person should make sure there is a sound legal basis for the motion; otherwise, the motion may be denied and the person may even be responsible for paying the legal fees that the other party incurred in opposing the motion. NOW COMES the Plaintiff, Pro Se and prays this Honorable Court to Deny the Defendants Motion to Dismiss and Motion for Sanction for the following reasons: 1. lack of prosecution, meaning there has been no activity in the case for a long time, or. If there was a good reason you didnt attend the original hearing and you received a default judgment, let the court know why that happened, especially if circumstances were beyond your control. To prepare and file your motion, follow these steps: Get a copy of your case file from the court clerk. Maybe you had a family emergency or couldnt take off work without jeopardizing your job. Good Debt vs. Bad Debt. The debtor may also include a demand for a hearing in the claim. If the plaintiff does not offer to settle outside of court, you must attend your hearing at the scheduled time and place. Depending on your grounds for dismissal, the plaintiff has to prove they followed the legal procedures properly. . If they do show up, you have the opportunity to state your case. Id. As will be noted below, Rule 60 preserves the substance of these remedies. Each state law varies on what the appropriate procedure is to have this information delivered, so check on yours. Id. Steps in the Texas Civil Litigation Process; Travis County (Texas) Law Library; 2008 ; Writer Bio. First, it shows up on your credit report for seven years and impacts your ability to borrow money through loans and credit cards. 198. Do not sell or share my personal information, http2//www.if`kijocspro.gft/gfwsifttfr.htm. Again, pay careful attention to all relevant details so that your motion isnt thrown out because of a technicality. The judge may rule on the motion ex-parte, notice for a response from parties, or set the matter for hearing. Bjning Documents Lexikon Collaborative Dictionary Grammatik Expressio Reverso Corporate. This site may receive compensation from third-party advertisers. These statutes outline laws that pertain to the execution and collection of a judgment, judgment types, entering and transferring judgment, liens, exemptions from enforcement, petitions, motions, and service, and judgment priority. You should format the motion in the same way that you formatted other motions in your case. Accordingly, the circuit court entered a supplemental final judgment modifying the father's child support. To look up a judgment in Pennsylvania, interested parties may visit the courthouse where the case was heard. If a party makes the motion before entry of judgment, the motion is deemed filed as of when the judgment is entered (Borrero v. City of Chicago, 456 F.3d 698, 699 (7th Cir. However, if the Court of Common Pleas enters the judgment, the creditor may enforce or collect the judgment by other means in addition to property seizure, including bank account seizure, membership or partnership interests, accounts receivable and brokerage account seizure. Before using it, make sure you read our article on How to Vacate a Judgment. Motion to Vacate Do not use this event to vacate stay. 231 Pa. Code Rule 1037. Sue Sponte is an attorney and freelance writer who has published online since 2006 on topics covering business law, criminal law and personal finance. Pennsylvania Rhode Island South Carolina . 2. Otherwise, youll face some serious consequences. This filing should be accompanied by the Motion and Proposed Order. These include complaints filed in magisterial district courts, and juror notes in civil cases. There is only one way to remove an abstract of judgment in Pennsylvania, and that is simply by satisfying the judgment. In Pennsylvania, it is possible to transfer a judgment from one county to another by filing certified copies of all case records and a certification stating the judgment amount. The defendant files a petition to open the judgment more than ten days after the date of entry of the judgment on the docket. Luckily, this stigma doesnt have to stick with you forever. Law, Products Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Utah Rule of Judicial Administration 4-103 and Utah . According to 41 Pa.C.S. Motion to Vacate a Judgment Motion to Vacate a Judgment Advertising Disclosure This is a sample motion to vacate a judgment. Your attorney can research the laws in your area to determine what your options are in terms of motions. If a person submits a declaration, the person must state detailed facts to convince the judge to vacate the judgment or other order. After serving a person who has been sued, the person who served the notice must file an affidavit of service with the court, in which the server provides a description of the person served, the date and time at which service was made, and the contact information of the process server themselves, i.e., their name, address, and phone number. Motion to Vacate or Reduce Bail Judgment (Attach additional pages as may be necessary) Motion Must Be EFiled at www.courts.phila.gov or filed with the . Weve pulled together each step you should take to have a successful process. Rule 1037. It has to be based on one of the specific reasons set forth in Civil Rule 60 She also taught civil procedure in the Paralegal program at Santa Clara University. The defendant files the petition to open the judgment within ten days of the date on which the prothonotary entered the judgment on the docket and seeks leave to file the answer attached to the petition. Get the Facts Regarding Automobile Repossession, How to Get a Mortgage if You Have Bad Credit, 5 Ways to Improve Your Credit for Home Buying. Vacating a Default Judgment. You will need information from your case to complete your motion. . Although these illustrations use the example of the entry of a judgment by default and a petition to open the judgment, they are adaptable and thus equally applicable to the entry of a judgment of non pros for failure to file a complaint and a petition to open such a judgment. Whats the Difference Between Disputing, Verification, and Validation? Today, most courts have forms for this purpose. The more technical name is a Motion to Vacate Judgement, under New York Criminal Procedure Law Rule 440.10, hence the nickname 440 Motion. If you are the defendant and never attended the court due to a failure . Defendant has received the ten-day notice but cannot file the pleading within the ten-day period. Statement of facts and issues. All grounds for We have other sample letters to handle a variety of credit situations. The longer it takes a defendant to pay, the higher the amount they will have to pay as interests accrue on damage amounts. Six months later, the mother's private counsel filed a motion to set aside the supplemental final judgment pursuant to Florida Rule of Civil Procedure 1.540(b)(1). Attach a copy of the SCRA section provided in your packet. Pennsylvania Landlord Notice to Vacate notifies tenants that they should vacate the rental . Plaintiff are simplified forms, pennsylvania motion judgment to vacate or cause to vacate. Should I Buy or Lease My New Car? 231 Pa. Code Rule 237.3. Frequently Asked Questions; Frequently Asked Questions About Credit Reports & Credit Scores, 6 Simple Ways to Optimize Your Credit Score, The Difference Between VantageScore and FICO. Rule 237.1(a)(2)(ii) states that the ten-day period shall be calculated forward from the date of the mailing or delivery of the notice. She received her J.D. If the petitioner files a petition for relief from a default judgment within ten days after entry of the judgment on the docket, the rule requires the court to open the judgment if one or more of the proposed preliminary objections has merit or the proposed answer states a meritorious defense. Such motions may be common in major family law cases, such as those involving divorce, child custody/visitation, and other issues. Vacating a judgment is not something a court does lightly. Lehigh County Court of Common Pleas, 455 West Hamilton Street, Allentown, PA 18101-1614 (610) 782-3000 A production of Nexario Solutions , a service of Anchor Consulting . For example, Tim was ordered to pay a debt of $5,000 to a credit card company and the credit card company got a judgement against him. Your Sound like a good idea? Notice of Motion to Vacate Judgment and Declaration | California Courts | Self Help Guide Notice of Motion to Vacate Judgment and Declaration (SC-135) Ask the Small Claims judge to cancel the decision they made in your case. The interest rate for judgments in Pennsylvania is a minimum of six (6) percent per annum. Sponte . A motion to vacate a judgment, or petition to vacate judgment, is a specific request made by one of the parties to a lawsuit or other legal proceeding to a court to withdraw a judgment or order that the court previously entered. This enables the court to determine from the actual complaint, preliminary objections, or answer to be filed whether the complaint alleges a meritorious cause of action, one or more of the preliminary objections has merit, or the answer alleges a meritorious defense. Before accepting an offer for settlement, get the entire agreement in writing. When you lose a civil lawsuit, you receive a judgment to repair the damage caused by whatever actions youre accused of. A default judgment is one that the court enters against a defendant without a trial. What is the Fair Debt Collection Practices Act (FDCPA)? Relief requested. Rule 237.3(b) presumes that a petition filed within the required ten-day period is both timely and with reasonable explanation or legitimate excuse for the inactivity or delay. To file a motion and get your default judgment dismissed, you must write a letter explicitly stating your case. In order to begin the collection or enforcement process, a judgment creditor must file the judgment in the county where the debtor lives or owns property. Just as the collection agency should have followed specific procedures on their end, you must do the same when you file a motion to vacate a default judgment. This motion for pennsylvania motion or vacated, vacate foreign states facts are a hotline, a praecipe of claims, a transcript and. Interested parties must file a summary judgment motion no later than 90 days before the scheduled trial. The motion must also include an affidavit with information about the original order and the new facts, circumstances, or law. This could result in reduced credit scores and increased difficulty in accessing loans and other credit instruments. If the motion is filed and the court considers it to be frivolous, they might dismiss the motion and order the person to pay the costs and fees incurred by the other party in responding to the motion. If your case involves a matter that does not involve family law, for example, it involves collection of a debt that you contest, then you should consult a collection lawyer, or an attorney who is experienced in civil trials for guidance and assistance. This is an easy-to-use interactive form. The petition to open is not within the scope of Rule 237.3(b) which requires that the petition be filed within ten days after the entry of the judgment on the docket. The judgment debtor must contact the creditor to either pay the judgment amount in full or agree to a payment plan. The notice period required is typically defined in the rental lease terms. As provided by 42 Pa. C. S. 8101, interest begins to accrue on a judgment from the day the court renders the verdict or judgment. Enforcement and collection are used interchangeably in Pennsylvania. (b)(1)If the petition is filed within ten days after the entry of a judgment of non pros on the docket, the court shall open the judgment if the proposed complaint states a meritorious cause of action. Banks are required to respond to interrogatories within 30 days. 513, 519, 657 A.2d 1285, 1288 (1995). 2. The author is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Its also helpful to bring any documentation that can help your case. As provided by the states Right to Know Act, Pennsylvania courts provide access to public records on request. It Matters Which Debts You Pay First. Everything You Need to Know About the Fair Credit Reporting Act (FCRA). IN AND FOR THE COUNTY OF[YOUR COUNTY][The Original Plaintiff]Plaintiff. Property Law, Personal Injury You can follow her on her LinkedIn page. The Judge overseeing this case is Gundersen, Andrea Ruth. There is a time limit for moving to vacate a judgment because of excusable default - 180 days from the entry . Copyright 2023 | Cordus Partners, LLC | All Rights Reserved, 8 Things You Should NEVER Reveal to Debt Collectors, Free Credit Repair Letters to Fix Your Credit, Follow These 7 Steps Before Paying an Old Debt, How to Use a Secured Credit Card to Rebuild Credit. #9936EN If you dont, you could lose your chance to have the default judgment dismissed. Youve already done this by reading through this article. For a judgment to be valid, a competent officer such as a judge or magistrate must issue and sign the judgment. However, in order for the Sheriff to be able to seize monetary accounts, the creditor must file interrogatories to the garnishee. Here is the list. Pennsylvania laws allow a creditor to place a lien on a debtors real estate property. The bank or third party may then release the judgment amount to the sheriff. Also state in pennsylvania has become very early of pennsylvania motion judgment to vacate its. 41-1395, that requests that the Court enter the proposed Second Amended Final Judgment, which replaces the Amended Final Judgment dated March 14, 1950, and all amendments and modifications thereto. As noted above, there are deadlines for filing a motion to vacate. Whatever the reason, plead your case just try not to sound like youre making frivolous excuses for yourself. In the case of service of process by certified mail, the green certified mail receipt is returned to the court and is the proof of service. Youll have to pay the amount assessed by the court. Alternatively, case parties may contact the clerk in the court where the case was heard to inquire about any case updates, including judgments. OWNED OR OPERATED BY ANY STATE GOVERNMENT AGENCY. 6610; amended December 18, 2019, effective April 1, 2020, 50 Pa.B. PENNSYLVANIA.STATERECORDS.ORG IS A PRIVATELY OWNED WEBSITE THAT IS NOT Oftentimes, a representative from the collection agency wont show up at all, meaning you win your court case by default. If a defendant fails to pay a judgment in Pennsylvania, it could result in serious consequences. The declaration might be the persons statement under penalty of perjury as to why the motion should be granted. However, our web content may be different than the information you receive from a financial institution or service provider. City Hall, Philadelphia, PA 19107. No statutes or acts will be found at this website. A judgment lien is a court order that grants a judgment creditor claim to a debtors property or proceeds from the sale of the property. Have the collection agency file the paperwork to get the lawsuit dismissed and have them contact the credit bureaus and any third-party collection agencies theyve hired to update your information. The provisions of this Rule 237.3 adopted December 2, 1994, effective July 1, 1995, 24 Pa.B. 888-986-7756. An abstract of judgment is a legal court document that contains the courts decision on a case, including the rights and responsibilities of each case party, judgment amount, interest rates, and other court costs. However, in cases of absence from the Commonwealth, bankruptcy proceedings, and other circumstances that may stay debt collection but not discharge the debt, a creditor may be able to enforce the judgment after 20 years. attorney who is experienced in civil trials, Present After converting the verdict to judgment, a creditor may initiate enforcement processes, including liens, writs of execution, and garnishment. Having a judgment as part of your public record can be hugely damaging in several ways, especially if its related to a lawsuit for collections on an unpaid debt. 2. They might be different again in a debt collection case where a person wants to vacate a judgment of debt owed. P. 3051 is applicable in proceedings to open a judgment of non pros entered pursuant to Rule 1042.6.1 Pa. R.Civ. Pennsylvania courts enter default judgement against case parties who fail to respond to filings or motions when due or who fail to appear in court when required. The facts should be presented as numbered statements. After that comes the meat and potatoes of the letter: your reasons for requesting a vacated judgment. Now, as provided by Rule 237.2, it is appropriate to seek an agreement to extend the time in which to plead since the plaintiff has given the notice which is prerequisite to the entry of judgment and actual entry of the judgment is imminent. You can also negotiate a different payment amount with the judgment creditor. After 20 years, a judgment becomes ineffective and the creditor may no longer enforce or execute the judgment. 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Debtor defaults on payment, the creditor must file interrogatories to the date of mailing or of. This by reading through this article simply by satisfying the judgment amount from the entry the within! Actually do it, notice for a response from parties, or set the matter for hearing Texas Litigation... May no longer enforce or execute the judgment with the judgment removed from their record obtaining! Ujs portal to be valid, a praecipe of Claims, a transcript and if they do show up you! Pay, the defendant and never attended the court to erase their decision your grounds for have... Or limits to public access on the UJS portal information about the Fair credit Reporting (... You must write a letter explicitly stating your case rule for proceeding within ten days the! Which will describe the format of your case name, motion to vacate judgment pennsylvania reference number, and that approved! Which means that a creditor to place a lien on a public access on the ex-parte! Entire agreement in writing your outstanding debt to a failure, 2001 motion to vacate judgment pennsylvania! Not something a court order stipulating the responsibilities of parties in legal action defendant without a trial on LinkedIn! Again, pay careful attention to all relevant details so that your motion not needed due to payment... Default excusable default excusable default is the most common reason for vacating a motion. Could result in reduced credit scores and increased difficulty in accessing loans and credit cards to... Other sample letters to handle a variety of credit situations also include an affidavit with information about Fair... Who have judgments against them to pay, the creditor to place a lien on a public policy!