View Full Version : Final Judgment
kjazz1794
Sep 30, 2009, 06:18 AM
I went to court on a small claims for a loan I had with my employer, the Judge ruled in favor of the Plaintiff and entered a judgement against me and advised the Plaintiff's attorney to enter and Order within thirty days. It has been four months. Would I be able to file a Motion to Vacate Final Judgement for Plaintiff's failure to enter said Order?
JudyKayTee
Sep 30, 2009, 12:35 PM
Yes. Is there no Order or have you not been served with an Order?
kjazz1794
Oct 1, 2009, 06:11 AM
They were required to file the final judgement within one month, it has been well over that, so there is no final judgment entered.
JudyKayTee
Oct 1, 2009, 07:02 AM
I understand - but have you verified this with the Court? I am unsure whether it wasn't filed or you simply weren't notified.
kjazz1794
Oct 1, 2009, 07:17 AM
It was not filed
JudyKayTee
Oct 1, 2009, 08:26 AM
Then file your motion to vacate - I see no possible defense if things are as you say they are (and I believe you).
kjazz1794
Oct 1, 2009, 08:29 AM
But can I file a Motion to Vacate when they have not entered the Plaintiff did not enter the final judgment or should a file a motion to dismiss the judges order in favor of plaintiff?
excon
Oct 1, 2009, 08:40 AM
But can I file a Motion to Vacate Hello k:
Have you ever heard the expression about letting a sleeping dog lie? Sure, you can file a motion to vacate the judgment... But, as long as they don't file it, there ISN'T a judgment. It resides only in the mind of the judge, and that's where it should stay.
As long as the opposition hasn't done something they were supposed to, that would benefit THEM, I wouldn't remind them. Even though they apparently violated the judges order, the judge will let them re-instate it, if it's brought to his attention... Don't think, for a minute, that he's not going to.
excon