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    tawanatossitup's Avatar
    tawanatossitup Posts: 1, Reputation: 1
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    #1

    Jan 17, 2009, 12:57 AM
    Trying to vacate a judgement
    Can an arbitrator rule against a claimant if the defendant has already been placed with a default judgement. Will he rule in favor of the defendant for vacating the judgement even with the facts presented from the claimant
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 17, 2009, 07:13 AM
    Quote Originally Posted by tawanatossitup View Post
    Can an arbitrator rule against a claimant if the defendant has already been placed with a default judgement. Will he rule in favor of the defendant for vacating the judgement even with the facts presented from the claimant

    I honestly don't understand your question.

    There's been a judgment. Now the debtor is trying to set it aside. The matter is not in front of a Judge, it's in front of an arbitrator.

    How will the arbitrator rule?

    Is that your question?

    There is no way to know how anyone (Judge or arbitrator) will rule in any matter without hearing testimony and seeing evidence.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Jan 17, 2009, 07:50 AM

    What I'm reading from it Judy, is that the OP is trying to get a default judgment vacated. S/he wants to know their odds of getting it vacated because of what the claimant/plaintiff presented at the original trial.

    If that is the case, you need to have a good reason to get the judgment vacated. What is your defense?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 17, 2009, 08:17 AM
    Quote Originally Posted by this8384 View Post
    What I'm reading from it Judy, is that the OP is trying to get a default judgment vacated. S/he wants to know their odds of getting it vacated because of what the claimant/plaintiff presented at the original trial.

    If that is the case, you need to have a good reason to get the judgment vacated. What is your defense?

    - let's just hope OP comes back and fills in the details. You may very well be right. I'm working on Judge vs arbitrator.

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