Ask Experts Questions for FREE Help !
Ask
    utopianmirage's Avatar
    utopianmirage Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Jul 1, 2008, 07:16 AM
    How to vacate a default judgement after 180 days
    Help, I was told I didn't have to come respond to a court document saying I would appear to defend myself for a judgment. When I called up I was told it was too late and I was found guilty by default. In attempt to find a lawyer the 4 I contacted all had conflicts of interest and now too much time has passed. Is there any way to open or vacate a default judgement in PA after a year?

    Thanks!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #2

    Jul 1, 2008, 07:35 AM
    Quote Originally Posted by utopianmirage
    Help, I was told I didn't have to come respond to a court document saying I would appear to defend myself for a judgment. When I called up I was told it was too late and I was found guilty by default. In attempt to find a lawyer the 4 I contacted all had conflicts of interest and now too much time has passed. Is there any way to open or vacate a default judgement in PA after a year?

    Thanks!


    No, not that I know but you MIGHT have an action against the person who told you you didn't have to appear in the first place. In most States there's a number of days in which you can open the Judgment and then your time runs out.

    Unless it's a very high Judgment even if you do find someone it will cost you more to attempt to set it aside than you owe.

    Do you have a valid defense in the event you do get it set aside?
    utopianmirage's Avatar
    utopianmirage Posts: 3, Reputation: 1
    New Member
    		  
    #3

    Jul 1, 2008, 07:45 AM
    Quote Originally Posted by JudyKayTee
    Do you have a valid defense in the event you do get it set aside?

    I do have a good case, I also have a good suit against the institution as well (as 3 attornies with conflicts of interest let me know before they weren't allowed to take the case). The amount of money required to sue the institution is more than I would pay for the judgement though (~8,000 to 14,000 dollars).

    Unfortunately, I was ignorant of my rights and responsabilities to open the judgement and to respond to the court. That's what I get for taking the word of the person sueing me.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #4

    Jul 1, 2008, 09:29 AM
    Quote Originally Posted by utopianmirage
    I do have a good case, I also have a good suit against the institution as well (as 3 attornies with conflicts of interest let me know before they weren't allowed to take the case). The amount of money required to sue the institution is more than I would pay for the judgement though (~8,000 to 14,000 dollars).

    Unfortunately, I was ignorant of my rights and responsabilities to open the judgement and to respond to the court. That's what I get for taking the word of the person sueing me.


    The person suing you told you you didn't have to appear - obviously for good reason.

    Sometimes these things are not fair. Cannot be changed but are not fair.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Jul 1, 2008, 11:10 AM
    Do you have proof that the plaintiff told you did not have to appear? Was the suit done in small claims court?
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!

Motion To Vacate Default Judgment [ 6 Answers ]

Can anyone tell me if there is a time limitation in Miami Dade County, Florida to File a Motion to Vacate Default Judgment? I am attempting to file one for Lack of Service (I have never been served!) on a Default Judgment entered in 09/2001, however, I read somewhere that in the state of...

Right To File A Motion To Vacate Default Judgement [ 7 Answers ]

Hey, I need to know if I still have time to file a "Motion to vacate default judgement". In the first judgment I received it said I did not show up after being notified. I never received notice and did not sign any certified mail. The first date is 9/10/2007. I received a Final Judgment...

Vacate a Judgement [ 1 Answers ]

We were granted a judgement against someone who owed the company money. Now it has been years later and the person the judgement attached to is the same name but the wrong person. I called the county administrator for the county the judgement was placed and she said I need to do a vacate on the...

How to vacate a judgement [ 1 Answers ]

I live in NC and I received paperwork to come to court regarding judgement for non payment of credit card bill... when I got to court they could not find my file, after sitting there for 5 hours the judge final asked me what paper work I had and I showed them my copy that came in the mail of my...

Civil Suit - How to Vacate Default Judgment Auto Lease [ 1 Answers ]

Is there a statute of limitations on making a motion to vacate a default judgment in a auto lease default ruling? How long? It's been 6 years since the judgment. I want to answer now, vacate or set aside the default judgment, and make have a chance to settle out of court now. In NY, Rockland County...

View more questions Search