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    sirbaron's Avatar
    sirbaron Posts: 4, Reputation: 2
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    #1

    Dec 2, 2006, 08:44 AM
    On The Wrong Track
    After the judgement was entered ,I attempted to file for an appeal. This had become too complicated. With only a week left before the end of 30 days I talked with an Attorney. There was no advise to vacate the judgement. He suggested that I settle. I then wrote to the attorney generals office. After there response is when I sought the advise of a different attorney. He asked why didn't the first attorney file to vacate. I have no previous knowledge of terms and procedures, this was the first time I ever heard the term vacating the judgement. Unfortunately it was months later. I believe I have a strong defense but not enough money to retain further council. If I could prove by way of medical evidence the reason I missed my court appearance and show a paper trail leading up to this point ,do I have any chance at vacating this judgement ?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 2, 2006, 09:08 AM
    Hello sir:

    In court, you have a chance at anything. But, in order to get there, you're going to need to hire another attorney. After spending a fortune on the new attorney, you might or might not win - probably not (in my view). Are you going to do that? I don't think so.

    You're right about the wrong track. Once you ignored them, you began the trek down the wrong track... (try to say that three times real fast)

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Dec 2, 2006, 09:14 AM
    Ok, first if you do get the judgement overturned, they will merely refile,
    Do you have the evidence to stop them from getting a judgement, or will after doing all this legal work, you merely end up back with a new judgement?

    An attorney who reviews your case, and knows the other side has a valid claim, would believe most likely trying to vacate the judgement is only slowing down what is going to happen. If you only slow the judgement till another date, what do you really win, you will still have to deal with the judgement at some point and time.

    You did not give any info on the original case,
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