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-   -   Should I use order to show cause or motion to vacate (https://www.askmehelpdesk.com/showthread.php?t=110315)

  • Jul 16, 2007, 12:06 AM
    reistrade
    Should I use order to show cause or motion to vacate
    I have a default judgment for credit card debt, and would like to dispute it. What is the best way to do so? I can either do a motion to vacate or an order to show cause. My question is - if the motion to vacate is denied, can I still do an order to show cause? Also, are there any time restrictions on either of the two? Please enlighten me. What are the pros and cons of each?

    Thanks
  • Jul 16, 2007, 05:56 AM
    ScottGem
    Where were you when the judgement was originally awarded?

    What grounds do you have for either motion. Which one to choose depends on the grounds.
  • Jul 16, 2007, 06:35 AM
    reistrade
    We would answer in order to show cause-
    1) They state they served a Stephanie Doe with the summons- I know absolutely nobody with this name. (I think its like John Doe- no real person)
    2) I live on a street ending in Ct. -there is a similar street ending in Rd. - our mail gets mixed up often.
    3) no filing of notice entry for judgment in clerk office.
    4) My house has two entrances and they didn't specify which they used - a tenant was in second apartment.

    Given these defenses - what is better to use?
  • Jul 16, 2007, 06:45 AM
    ScottGem
    Use a Motion to Vacate on the grounds of improper service.
  • Jul 16, 2007, 06:59 AM
    reistrade
    Is there a time limit in filing a motion to vacate judgment? (also is there time limit for order to show cause?)
  • Jul 16, 2007, 08:12 AM
    ScottGem
    I don't know where you got the info on a show cause order. I really don't think that applies here. A Show Cause order generally is issued by a judge to one of the parties in a case, to show cause why he shouldn't make a ruling. In your case a ruling has already been made and you need to get it vacated. By the way, all a vacate order will do it remove the judgement. The creditor can then resubmit with proper service.

    As to time limits they vary locally. Check with your local court.

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