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reistrade · Jul 16, 2007, 12:06 AM

I have a default judgment for credit card debt, and would like to dispute it. What is the best way to do so? I can either do a motion to vacate or an order to show cause. My question is - if the motion to vacate is denied, can I still do an order to show cause? Also, are there any time restrictions on either of the two? Please enlighten me. What are the pros and cons of each?

Thanks

ScottGem · Jul 16, 2007, 05:56 AM

Where were you when the judgement was originally awarded?

What grounds do you have for either motion. Which one to choose depends on the grounds.

reistrade · Jul 16, 2007, 06:35 AM

We would answer in order to show cause-
1) They state they served a Stephanie Doe with the summons- I know absolutely nobody with this name. (I think its like John Doe- no real person)
2) I live on a street ending in Ct. -there is a similar street ending in Rd. - our mail gets mixed up often.
3) no filing of notice entry for judgment in clerk office.
4) My house has two entrances and they didn't specify which they used - a tenant was in second apartment.

Given these defenses - what is better to use?

ScottGem · Jul 16, 2007, 06:45 AM

Use a Motion to Vacate on the grounds of improper service.

reistrade · Jul 16, 2007, 06:59 AM

Is there a time limit in filing a motion to vacate judgment? (also is there time limit for order to show cause?)

ScottGem · Jul 16, 2007, 08:12 AM

I don't know where you got the info on a show cause order. I really don't think that applies here. A Show Cause order generally is issued by a judge to one of the parties in a case, to show cause why he shouldn't make a ruling. In your case a ruling has already been made and you need to get it vacated. By the way, all a vacate order will do it remove the judgement. The creditor can then resubmit with proper service.

As to time limits they vary locally. Check with your local court.