Ask Experts Questions for FREE Help !
Ask
    angercontrol's Avatar
    angercontrol Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 14, 2008, 11:09 PM
    Default judgement vacated
    I won a default judgement as plainiff then the judgement was vacated I was giving another court date what should I expect in court.this was in civil court
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #2

    Aug 15, 2008, 05:01 AM
    Did you have an attorney to handle the lawsuit for you? Why was the judgment vacated?
    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
    Ultra Member
     
    #3

    Aug 15, 2008, 05:38 AM
    Small claims?

    You show up with every piece of evidence you have and be prepared to state clearly to the judge what it is you are seeking and why you feel you should be awarded just that.

    Expect the defendant to show up and argue their case and possibly say things that aren't true.

    Do you have lots of evidence like pictures, written documents, witnesses, etc to back up your case?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #4

    Aug 15, 2008, 08:21 AM
    Quote Originally Posted by angercontrol
    i won a default judgement as plainiff then the judgement was vacated i was giving another court date what should i expect in court.this was in civil court


    Hmm - I would be prepared to argue against whatever argument the Defendant is going to present. Without knowing more about the circumstances it's impossible to say just what that argument could be.
    sideoutshu's Avatar
    sideoutshu Posts: 225, Reputation: 23
    Full Member
     
    #5

    Aug 15, 2008, 02:55 PM
    Quote Originally Posted by angercontrol
    i won a default judgement as plainiff then the judgement was vacated i was giving another court date what should i expect in court.this was in civil court
    I'm not sure how the judgment could have been vacated without notice to you. It should have been done on a motion which you should have received. Defaults are usually granted when people fail to Answer, or to show up for court. They are very easily vacated, but there should be a motion made to vacate that contains (1) a showing of merit; (2) an excuse for the default; and (3) lack of prejudice to the opposing party.

    Bottom line is that in reality, very few default judgments hold up if challenged within one year (in NY) and courts go out of their way to give the party a chance to have a case decided on the merits.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #6

    Aug 15, 2008, 03:41 PM
    Quote Originally Posted by sideoutshu
    I'm not sure how the judgment could have been vacated without notice to you. It should have been done on a motion which you should have received. Defaults are usually granted when people fail to Answer, or to show up for court. they are very easily vacated, but there should be a motion made to vacate that contains (1) a showing of merit; (2) an excuse for the default; and (3) lack of prejudice to the opposing party.

    Bottom line is that in reality, very few default judgments hold up if challenged within one year (in NY) and courts go out of their way to give the party a chance to have a case decided on the merits.

    I don't read that judgment was vacated without notice to OP. I only see the statement that the judgment was vacated and what happens next - ?

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Unaware of default judgement /cause of judgement [ 2 Answers ]

A few days ago, my husband was called by a collection agency informing him of a default judgement of over $8,000 which he had no prior knowledge of. The default judgement was 12/2005. He was told that it was for a credit card he had in 1996. He sincerely believes that he was the victim of identity...

Judgement by default [ 1 Answers ]

I was served with summons to appear in court - it is for my wife. Credit card balance about $1,200.00. My wife is not from the U.S. and is deathly afraid to go to court for this. She is here legally though and is a permanent resident. She has several cards that are past and I fear now that more...

Default Judgement [ 4 Answers ]

I entered into a agreement with a creditor to pay off an account I fell late on the payment and they entered a default and a judgement was ordered. I had paid 1,500 so far out of 5,000. They levied my bank account for 1,300 and now I'm afraid that they will seize my car. Can they do that if I...

Default judgement [ 2 Answers ]

I live in New York state, I had a default judgement placed against me because I didn't answer to an attorney letter, I feel I was not served properly, I want to try to get the default judgement set aside. I've been told to file a request for judicial intervention and a motion, well I found the form...


View more questions Search