Author Topic: How is a judgement Vacated?  (Read 559 times)

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pickle

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How is a judgement Vacated?
« on: November 16, 2012 02:12:36 AM »
How is a judgement vacated?

What parties are involved?

Is it just a written motion or oral arguments required?

Can the plaintiff write an oppostion to the motion to vacate?

What is the SOL or Discovery Rule for filling a motion to vacate?

Should I prevail in getting a judgement vacated am I able to be sued again if its within the SOL on the purported debt?

Can the plaintiff appeal the vacating of judgement?
« Last Edit: November 16, 2012 02:18:24 AM by pickle »

MrSev

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Re: How is a judgement Vacated?
« Reply #1 on: November 16, 2012 08:14:34 AM »
It's not an easy thing to do. You have to have a good, demonstrable reason to have the judgment vacated, and even if it's granted, you'd better be prepared to go to trial again.

pickle

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Re: How is a judgement Vacated?
« Reply #2 on: November 16, 2012 12:03:01 PM »
Well nothing outside the DV letter has appeared easy so far.

It is often mentioned here, but very little discussion of whats involved; hence the questions.

It appears you have answered one of them, that you can be sued again if the judgement is vacated.

Additional questions:

If a judgement has been decreed against you in court. Does the plaintiff have to have the judgement recorded or anything before preceding to collect?

If a plaintiff is attempting to domesticate a foreign judgement, can counter claims be brought at this time?


CleaningUp

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Re: How is a judgement Vacated?
« Reply #3 on: November 16, 2012 08:48:39 PM »

No, and yes.   No, they can go after you.  Yes, they have to get an execution order to attach your wages or bank accounts or to place a lien on your real property.

They can also call for a debtors exam where you provide them, under the eyes of the court, with an accounting of your income and you assets.

CAUSA1

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Re: How is a judgement Vacated?
« Reply #4 on: November 17, 2012 06:11:30 AM »
You can do it within the reasonable time and justifications( such as mistake, inadvertence, or excusable neglect) allowed in statutes.

First, you need to check statutes of your state. Go to the nearest public law library and search your state Rules of Civil Procedures re Vacate Judgment. Read careful those rules and "Points and Authorities" on this subject(ask librarian for help).

If you can, consult an attorney (some places do have free legal aid services).

Then you can file your MTV with the court. You should expect other parties to oppose it, just be prepared to answer it

I did my motion to vacate judgment as pro se; the court granted it.