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?

Yes. Is there no Order or have you not been served with an Order?

They were required to file the final judgement within one month, it has been well over that, so there is no final judgment entered.

I understand - but have you verified this with the Court? I am unsure whether it wasn't filed or you simply weren't notified.

It was not filed

Then file your motion to vacate - I see no possible defense if things are as you say they are (and I believe you).

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?

Quote:

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Originally Posted by kjazz1794

But can I file a Motion to Vacate

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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