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My~Cuz~n~Vinny~

What's a good reason for the court to vacate a judgement?

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Judgement after a year and a half court battle.Decided for Plaintiff as beach of contract ,but account stated was denied.No atty. fees were awarded to plaintiff.

 

Plaintiff's debt collector Atty. has not followed up since judgement. Has been no action in the case for a year and a half after judgement either.

 

Have paper work from plaintiff Atty. (during discovery) stating to plaintiff that the defendant's case warrants merit.( They sent defendant paperwork where they telling their own client, the defendant's case warrants merit.)

 

 

Also during the plaintiffs court denied MSJ the atty stated " The PLAINTIFF is making a variety of claims, mostly unrelated to the case.

 

Since no action has commenced in this judged case, can defendant ask to vacate the prior judgement of the court?

 

The case was not decided by a presiding judge , but an attorney that was court appointed in the case.

 

 

How can one present the case for vacate judgement? Does the defendant have to notify plaintiffs atty after a year past judgement ,when filing a vacate judgement?

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It does not appear likely that a motion to vacate would be sustainable ?  What State is this action filed in ?  Please complete the Case Profile below.

 

 

If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?  Please identify your state also ?

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt? To find out:

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits

 

17.  Any additional facts that you believe are helpful regarding your case.

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Judgments are vacated for legal reasons and not pursuing the defendant collect is not one.  One reason is lack of proper service.  If the Plaintiff used "sewer service" and the defendant never knew about the case despite claiming proper service to the court by Plaintiff the judgment could be set aside.  

 

Your situation is that you had a trial and lost.  There were some issues that could have resulted in the judgment being over turned but you only have 30 days to file an appeal and once that lapses you are forever time barred from appealing.  

 

Based on what you posted this is over.  You either settle it or hope that they don't ever try to collect and that they do not renew the judgment if your state allows it.

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