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    kjazz1794's Avatar
    kjazz1794 Posts: 9, Reputation: 1
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    #1

    Sep 30, 2009, 06:18 AM
    Final Judgment
    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?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 30, 2009, 12:35 PM

    Yes. Is there no Order or have you not been served with an Order?
    kjazz1794's Avatar
    kjazz1794 Posts: 9, Reputation: 1
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    #3

    Oct 1, 2009, 06:11 AM
    They were required to file the final judgement within one month, it has been well over that, so there is no final judgment entered.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Oct 1, 2009, 07:02 AM

    I understand - but have you verified this with the Court? I am unsure whether it wasn't filed or you simply weren't notified.
    kjazz1794's Avatar
    kjazz1794 Posts: 9, Reputation: 1
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    #5

    Oct 1, 2009, 07:17 AM
    It was not filed
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Oct 1, 2009, 08:26 AM

    Then file your motion to vacate - I see no possible defense if things are as you say they are (and I believe you).
    kjazz1794's Avatar
    kjazz1794 Posts: 9, Reputation: 1
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    #7

    Oct 1, 2009, 08:29 AM
    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?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Oct 1, 2009, 08:40 AM
    Quote Originally Posted by kjazz1794 View Post
    But can I file a Motion to Vacate
    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
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