Re: Vacating Judgments
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Posted by Judgmental
(24.19.3.33) on January 29, 2004 at 03:00:04:
In Reply to: false hopes.they will sue posted by jo on January 28, 2004 at 21:44:52:
I'm so sorry to hear things went this way. But, you're just one of at least *several* people I know of that have been damaged by the advice the received on this board, because the information was not complete or it was simply incorrect or ill-advised. You can try to have the judgments vacated, but the truth of the matter is... lack of service is NOT enough to have a judgment overturned/vacated. The lack of service issue is just the foot in the door to re-opening the case. Once you have the court's attention you have to present a defense that could have changed the outcome of the case IF you had been able to show up for the court date. For that reason, if you end up with a default judgment and don't have a defense against the debt itself, you're pretty much stuck. Do you have anything that could have changed the outcome? One or more of the following might help: 1. A dispute on the total due.
2. Unclean hands (ie illegal acts on the part of the plaintiff).
3. Plaintiff failed to mitigate damages (ie plaintiff refused to accept payment or continued to extend credit when you told them that you were flat broke?).
4. Was the business of the plaintiff or the contract just plain illegal at the core. You need to get an attorney to help you with this.
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