I had settled a debt with the Atty representing the debt collector prior to the court date. They advised me that there was no need to show up in court, as they will not be there.

Today, I got notice from the court that an Affidavit of Judgement in favor of the Plaintiff was given. Neither myself or the atty for the Plaintiff showed up at court (according to the court records). I contacted the atty for the Plaintiff and he told me to make a Motion to Vacate Judgement. I have a the proof of payment and a copy of the Motion to Dismiss from the Plaintiff which was signed and dated the date of the hearing.

Is there a specific form to make my Motion to Vacate Judgement in Maryland?

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Originally Posted by kid_man

I had settled a debt with the Atty representing the debt collector prior to the court date. They advised me that there was no need to show up in court, as they will not be there.

Today, I got notice from the court that an Affidavit of Judgement in favor of the Plantiff was given. Neither myself or the atty for the Plantiff showed up at court (according to the court records). I contacted the atty for the Plantiff and he told me to make a Motion to Vacate Judgement. I have a the proof of payment and a copy of the Motion to Dismiss from the Plantiff which was signed and dated the date of the hearing.

Is there a specific form to make my Motion to Vacate Judgement in Maryland?

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This is what I've found:
http://www.mdd.uscourts.gov/publications/forms/2255.pdf

Fill it out to the best of your ability; send it to the court when you're finished. Make sure you include copies of everything showing that the account has indeed been paid off, including copies of cancelled checks if you have them.

I find it odd that a default judgment was granted against you if the plaintiff's attorney failed to appear. Usually if the plaintiff/their attorney is not in court, they will dismiss the case. Very strange.

It Is not odd for a default to be granted if the Plaintiff does not appear. The Plaintiff need not appear if they filed the complaint by affidavit. If the Defendant files an answer, then there will be trial and both parties will have to appear. But if the Defendant doesn't answer then the Plaintiff does not need to appear for trial and the Judge will review the complaint, affidavit and supporting documents and decide if to enter an affidavit judgment against the Defendant or schedule an ex parte hearing for the Plaintiff to submit further proof of their claim. Again, this only applies to complaints filed by affidavit.

(Side note: If the Defendant and the attorney settled the matter before trial, the attorney should have notified the court by filing a dismissal. That was a bit sneaky on their part... )

File "MOTION TO VACATE SUMMARY JUDGMENT"

Attached your paper work form your settlement. No specific form needed.

Fill request to verification of why summary judgment was granted since either party was present. What county was this in?

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Originally Posted by this8384

This is what I've found:
http://www.mdd.uscourts.gov/publications/forms/2255.pdf

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Wrong court, and wrong type of action. The form to which you linked is for the Federal District Court for Maryland. I expect that OP's case is in a state court.

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Originally Posted by Mr.Yet

File "MOTION TO VACATE SUMMARY JUDGMENT"

Attached your paper work form your settlement. No specific form needed.

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OP should also include, with the filed motion, proof that a copy was mailed to plaintiff's attorney.