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chuckNsocal · Dec 16, 2011, 08:18 PM

I (Plaintiff) did not show up for court date. Judge ruled in favor of Defendant (counter sue). I never received any judgment info until now -- 3 years later. This was via Writ of Execution, by Defendant's Attorney. What are my options?

1. Motion to Vacate -- I think I have good reason for not showing up. However, it was THREE years ago. Seems limitation is 30 days.
2. Motion for New Trial

QUESTIONS:
Is there a timeframe for me to file these motions? Is it based on time of Judgment; or Abstract; or Writ of execution? I think as the Judgment debtor, I have 30 days from Writ of Execution?

Can anyone HELP?! PLEASE!

AK lawyer · Dec 17, 2011, 08:58 AM

Originally Posted by chuckNsocal

I (Plaintiff) did not show up for court date. Judge ruled in favor of Defendant (counter sue). I never received any judgment info until now -- 3 years later. This was via Writ of Execution, by Defendant's Attorney. What are my options?

1. Motion to Vacate -- I think I have good reason for not showing up. However, it was THREE years ago. Seems limitation is 30 days.
2. Motion for New Trial

QUESTIONS:
Is there a timeframe for me to file these motions? Is it based on time of Judgment; or Abstract; or Writ of execution? I think as the Judgment debtor, I have 30 days from Writ of Execution?

Can anyone HELP?!? PLEASE!

It all depends on what jurisdiction this is in. Is it a state court somewhere? Look up the civil rules for that court.

Motion to vacate - often 10 days. You are most likely WAY late.

It's normally based on the date of entry (when the judgment was signed and filed), not the abstract or the writ.

As far as the writ of execution is concerned, you should be given a notice telling you, but you have so many days to file an objection (that the assets levied upon are exempt from execution, etc.).

An appeal should have been made within something like 30 days.

Where have you been, Rip Van Winkle? You knew you filed a case. Why didn't you check on it's progress any time within those 3 years? And generally if a default judgment is entered, notice does not have to me served on the defaulted party. The idea is that he is in default, so nobody knows or cares about his whereabouts any more. It may have been sent to you by regular first class mail and you didn't get it or open it for any number of reasons.

chuckNsocal · Dec 17, 2011, 09:13 AM

Thanks for the prompt response! I live in Orange County, CA.
I gave my lawyer instructions that I was out of the country (Asia), returing 3 days before the trial and reqeusted him to extend, since I most likely would be jetlagged.
Also, there was talk/negotiaon of a potential settlement.
My lawyer never confirmed the trial date back to me and I was hopeful he had settled it.
Yes, all my fault, but based on my last discussion with my lawyer, I thought he would set a new date and/or settle.
As the plaintiff, I was prepared to fight and feel I had a good case (otherwise why do all this in the first place).

From above, seems like I need to explore other options. Very sad.