I won a default judgement as plainiff then the judgement was vacated I was giving another court date what should I expect in court.this was in civil court

Did you have an attorney to handle the lawsuit for you? Why was the judgment vacated?

Small claims?

You show up with every piece of evidence you have and be prepared to state clearly to the judge what it is you are seeking and why you feel you should be awarded just that.

Expect the defendant to show up and argue their case and possibly say things that aren't true.

Do you have lots of evidence like pictures, written documents, witnesses, etc to back up your case?

i won a default judgement as plainiff then the judgement was vacated i was giving another court date what should i expect in court.this was in civil court



Hmm - I would be prepared to argue against whatever argument the Defendant is going to present. Without knowing more about the circumstances it's impossible to say just what that argument could be.

i won a default judgement as plainiff then the judgement was vacated i was giving another court date what should i expect in court.this was in civil court
I'm not sure how the judgment could have been vacated without notice to you. It should have been done on a motion which you should have received. Defaults are usually granted when people fail to Answer, or to show up for court. They are very easily vacated, but there should be a motion made to vacate that contains (1) a showing of merit; (2) an excuse for the default; and (3) lack of prejudice to the opposing party.

Bottom line is that in reality, very few default judgments hold up if challenged within one year (in NY) and courts go out of their way to give the party a chance to have a case decided on the merits.

I'm not sure how the judgment could have been vacated without notice to you. It should have been done on a motion which you should have received. Defaults are usually granted when people fail to Answer, or to show up for court. they are very easily vacated, but there should be a motion made to vacate that contains (1) a showing of merit; (2) an excuse for the default; and (3) lack of prejudice to the opposing party.

Bottom line is that in reality, very few default judgments hold up if challenged within one year (in NY) and courts go out of their way to give the party a chance to have a case decided on the merits.


I don't read that judgment was vacated without notice to OP. I only see the statement that the judgment was vacated and what happens next - ?