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Does debtor have a realistic chance of having this judgment vacated?


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So my situation, in a nutshell, is that I was ripped off by a friend of mine when we went into business. He took money I invested and stopped responding to me, keeping all the money. We had a contract that called for arbitration to resolve any matters. So, I went through arbitration, he never responded to any of it so I won. Then, I sued him in Maryland Circuit Court and won a default judgment. Basically, I had him served, he responded with an "intent to defend" but didn't show up to the case so I won and was awarded all the court costs and lawyer costs as well. This was in September 2010.

So, just recently, I scheduled a debtors exam and much to my surprise, the debtor actually showed up. There was a small glitch in that, I had him served for the debtors exam (obviously, by the fact that he showed up) but I wasn't aware that I had to submit paperwork stating as such to the court ahead of time.

So, they took the proof of service and, despite the fact that we were both there, set up a new date for the debtor's exam 2 weeks into the future. The clerk asked both the defendent and myself if that was OK and we said yes, and he informed the clerk that he filed a motion to vacate the judgment yesterday.

Does that have any chance of working for him, nearly 9 months after the fact? He can't claim that he was not aware of the court date because he responded to the summons. The clerk simply told him that he can file it but that since it was filed just one day prior that there was no chance it would be looked at before the rescheduled debtor's exam in 2 weeks.

Once again, this is in Maryland. Any comments or advice are appreciated, thanks.

Edited by Gandolf
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Guest usctrojanalum

Alright, sorry it took me a while to respond weekend was hectic. To be honest, if you lived in NY this judgment would be vacated 100% of the time. Courts prefer hearing cases on their merits. I would expect the judgment to be vacated. It depends on how strict Maryland is about their excusable default and meritorious defense verbiage in the statute.

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Alright, sorry it took me a while to respond weekend was hectic. To be honest, if you lived in NY this judgment would be vacated 100% of the time. Courts prefer hearing cases on their merits. I would expect the judgment to be vacated. It depends on how strict Maryland is about their excusable default and meritorious defense verbiage in the statute.

Yikes, I hope it doesn't work like that here in MD. I will say that the technical time limit here in MD is 30 days I know. Is it 30 days in NY as well or it is a year? I am just curious if this would be vacated 100% in NY due to the fact that they simply have a longer timeframe OR because they are just very lax about it?

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