Plaintiff sent Request to Vacate Judgement

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Latest post Mon, Mar 23 2009 10:22 AM by ca19lawyer2. 3 replies.
  • Sat, Mar 21 2009 6:53 PM

    Plaintiff sent Request to Vacate Judgement

    Hi.  I have been in a battle over an old credit card debt.  I missed a hearing due to a medical condition and then filed a Motion to Set Aside the Default.  Now I just received from the Plaintiff a Request to Vacate Judgement.  I will be appearing at the hearing next Wednesday.  

    Does this motion of theirs mean they are walking away from the case, or does it just mean they are making nice with me and the judge to angle for an amicable settlement?  I appreciate your answer.

  • Sun, Mar 22 2009 1:46 AM In reply to

    Re: Plaintiff sent Request to Vacate Judgement

    Scott Memmer:
    Does this motion of theirs mean they are walking away from the case

    No.

    Scott Memmer:
    or does it just mean they are making nice with me and the judge to angle for an amicable settlement?

    No.

    It's more likely that the plaintiff realizes that the default judgment will be set aside and the case will proceed.

    By moving to vacate the judgment, the plaintiff is moving the lawsuit forward sooner than if he waits for the judge to rule on your motion.

     

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Mon, Mar 23 2009 10:22 AM In reply to

    Re: Plaintiff sent Request to Vacate Judgement

    I'm not sure how anyone can purport to know the answers to your questions with any degree of certainty. You don't say if this is small claims court or regular court, but I've never heard of a plaintiff/judgment creditor filing a request to vacate a judgment. I agree with the first response that the document itself may explain the motivation behind its filing. If not, call the plaintiff's lawyer and see what he/she says.

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