fattyz Posted April 1, 2011 Report Share Posted April 1, 2011 Hi I got a judgment entered in Ma for 15k plus. I admit I was not prepared and just stood there saying "this is all hearsay". Well, their lawyer had the cookie cutter case (he was more nervous than I was) and overcame my hearsay objection by 1 citing of case law.None of this is in the judgment form I got or how or how long I have to file and how and where, ie, the civil court? The appellate court!Any help appreciated.FattyZ Link to comment Share on other sites More sharing options...
BV80 Posted April 1, 2011 Report Share Posted April 1, 2011 Your rules of civil procedure should state how long you have to file a Motion to Vacate. Look through them for "summary judgment". Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 1, 2011 Report Share Posted April 1, 2011 OP would need to appeal this case, a motion to vacate is typically for default judgments. To have a judge's decision based on the merits vacated you would need to appeal to a higher Court to overrule him. Link to comment Share on other sites More sharing options...
BV80 Posted April 1, 2011 Report Share Posted April 1, 2011 OP would need to appeal this case, a motion to vacate is typically for default judgments. To have a judge's decision based on the merits vacated you would need to appeal to a higher Court to overrule him.Thanks. Stll learning. Link to comment Share on other sites More sharing options...
fattyz Posted April 1, 2011 Author Report Share Posted April 1, 2011 Maybe the appeals court, I did not find much today but it is 180 bucks to file with the appeals court in my state if I read that right.....FattyZ Link to comment Share on other sites More sharing options...
Recovering Attorney Posted April 2, 2011 Report Share Posted April 2, 2011 was it a trial or a motion? Either way, if you appeared and lost as you " vertated" , you might be out of luck Link to comment Share on other sites More sharing options...
Seadragon Posted April 2, 2011 Report Share Posted April 2, 2011 You may have some leeway but the time clock is probably running check the statutes to see if that is possibleThe appellate is the major leagues with strict time standards.fist step check the statues for JNOV or motion for new trial. see if you have any errors of law or that they didn't give you something they should have.times running usually from the filing by the clerk for judgment. so check your state statutes for post trial motions.I am going through basically the same thing but in CA.oh and found out they can get around the CCP 1987 by making sure the CCP 98 affiant is not a manager.Found out the hard way.I will be on this weekend working on my reply to plaintiffs opposition to motion for new trail so holla. Link to comment Share on other sites More sharing options...
fattyz Posted April 2, 2011 Author Report Share Posted April 2, 2011 It was a trial and the judge entered a judgment against me. Not only that but he is already sick of my act since this is the fourth time i have appeared before him in one of these things and he more or less advised me off the cuff that my real option for getting rid of all this is bankruptcy. Any further actions against me are only going to put me in front of him again and I am afraid the precedent has probably been set in this case.I have been advised like everyone else that bankruptcy is the final alternative and it has consequences that can be less than desirable. I can't see at this point how having it on my credit could possibly look any worse than what is already there. I really have nothing, except one car, that's worth anything and a job that only produces a marginal income. I can not however get anyone to refer a bankruptcy attorney, no surprise there! FattyZ Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 2, 2011 Report Share Posted April 2, 2011 OK, so when you lose at trial - you need to appeal. To be quite honest, you are really not likely to win an appeal. You also did mention that it is $180.00, that is a lot of money to just give up - and you probably would not get that back whether or not you won the appeal. The judge was right, maybe look into a BK attorney.If you need help finding an attorney, try calling the bar association of the County that you live in. They may have some type of referral program where they can give you a couple of attorneys to call WRT to the bankruptcy. Link to comment Share on other sites More sharing options...
chiquita55 Posted April 3, 2011 Report Share Posted April 3, 2011 I would file the bankruptcy since you have 4 of these and I take it you lost them all. 1 BK couldn't possibly be worse that 4 judgements. In my area there are places that have legal help for low income people. You might look into that and see if you could file the BK yourself with a little help from a lawyer from one of those type of places. It really isn't that hard. you can get papers from your local court house and they are pretty self explanatory. I think you have to attend classes but they are pretty cheap and you can do it online. I was asking a friend of mine all about this that was going to file in case I had to do it. Link to comment Share on other sites More sharing options...
fattyz Posted April 4, 2011 Author Report Share Posted April 4, 2011 Actually my record is pretty good,My first case, small claims against discover I lost since the lawyer "saw me coming" and had me sign a judgment which i did owing to not knowing what it was at the time. That case is still on payment review, so I have to show up at court once every six months and say I can't pay. It's a pain since I missed once and could have gotten arrested if I had not closely watched the mail, they almost issued a warrant for me.I settled 2 cases with Discover for 50% on each, they were the OC in both cases and they took the money and left out the debt collector who had been hauling me into court on both cases for a year.The last one before this was with a JDB and I settled for 2k the day of the trial on a 12k account. So I learned a lot here and did fairly well but I won't bore you with all the other stuff I have going on lets just say it would be a relief not to have to be doing this anymore and I KNOW there are at least 2 or three more of these in the works.I think most of the high dollar ones are over but I could be looking at about another 20k in cases in front of the same judge.FattyZ Link to comment Share on other sites More sharing options...
Hal Jordan Posted April 4, 2011 Report Share Posted April 4, 2011 (edited) If I were you in your situation I would file (pending on whether or not you qualify). I assume you would given what you've told us thus far.You can live with Bad credit man it sucks to do buy here pay here stuff but it's not forever. Just tell yourself "10" years. And to be honest, these boards are full of cases where people have gotten BK's removed from their reports (not saying you should hang your hat on that as to why you should file BK but I'm just saying there might be some hope of that).Just start over man. I mean you know how credit works now. You know what you need to do to establish good credit. You may only be looking at a few years of no credit if you play it right. Read Dave Ramsey. He recommends not putting anything on credit.It all is so much better than having to deal with being sued, going to court, hours of reading and researching trying to find a loophole an error, a technicality to get em off your back. The stress reduction alone of not having to go to court and have $30K+ in judgements hanging over my head would be enough for me. Not worth a heart attack or the other health problems that going through that kind of stuff can bring.Unfortunately we here in America often think our FICO score measures not just our credit worthiness but our worth as human beings. (I have been there and have hung my head a time or two because I was denied a store line of credit or a decent interest rate on a car or been denied a mortgage..whatever) But I got through it (hell I'm still trying to get through it) and you will too. Edited April 4, 2011 by Hal Jordan Link to comment Share on other sites More sharing options...
fattyz Posted April 11, 2011 Author Report Share Posted April 11, 2011 Yes, I have really put it off but now will most likely do it. I have been living without credit for about 5-6 years and though I lost a chance to interview for a job, it's really not that bad. We use bank cards or charge up credit cards and we rented a great house. The landlords took a chance on us but now they know us and asked us to stay greatly reducing the rent to keep us. (bad credit is not a sure sign your bad people)FattyZ Link to comment Share on other sites More sharing options...
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