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-   -   How to vacate a default judgement after 180 days (https://www.askmehelpdesk.com/showthread.php?t=232684)

  • Jul 1, 2008, 07:16 AM
    utopianmirage
    How to vacate a default judgement after 180 days
    Help, I was told I didn't have to come respond to a court document saying I would appear to defend myself for a judgment. When I called up I was told it was too late and I was found guilty by default. In attempt to find a lawyer the 4 I contacted all had conflicts of interest and now too much time has passed. Is there any way to open or vacate a default judgement in PA after a year?

    Thanks!
  • Jul 1, 2008, 07:35 AM
    JudyKayTee
    Quote:

    Originally Posted by utopianmirage
    Help, I was told I didn't have to come respond to a court document saying I would appear to defend myself for a judgment. When I called up I was told it was too late and I was found guilty by default. In attempt to find a lawyer the 4 I contacted all had conflicts of interest and now too much time has passed. Is there any way to open or vacate a default judgement in PA after a year?

    Thanks!



    No, not that I know but you MIGHT have an action against the person who told you you didn't have to appear in the first place. In most States there's a number of days in which you can open the Judgment and then your time runs out.

    Unless it's a very high Judgment even if you do find someone it will cost you more to attempt to set it aside than you owe.

    Do you have a valid defense in the event you do get it set aside?
  • Jul 1, 2008, 07:45 AM
    utopianmirage
    Quote:

    Originally Posted by JudyKayTee
    Do you have a valid defense in the event you do get it set aside?


    I do have a good case, I also have a good suit against the institution as well (as 3 attornies with conflicts of interest let me know before they weren't allowed to take the case). The amount of money required to sue the institution is more than I would pay for the judgement though (~8,000 to 14,000 dollars).

    Unfortunately, I was ignorant of my rights and responsabilities to open the judgement and to respond to the court. That's what I get for taking the word of the person sueing me.
  • Jul 1, 2008, 09:29 AM
    JudyKayTee
    Quote:

    Originally Posted by utopianmirage
    I do have a good case, I also have a good suit against the institution as well (as 3 attornies with conflicts of interest let me know before they weren't allowed to take the case). The amount of money required to sue the institution is more than I would pay for the judgement though (~8,000 to 14,000 dollars).

    Unfortunately, I was ignorant of my rights and responsabilities to open the judgement and to respond to the court. That's what I get for taking the word of the person sueing me.



    The person suing you told you you didn't have to appear - obviously for good reason.

    Sometimes these things are not fair. Cannot be changed but are not fair.
  • Jul 1, 2008, 11:10 AM
    ScottGem
    Do you have proof that the plaintiff told you did not have to appear? Was the suit done in small claims court?

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