Re: Motion to Vacate Judgment-Granted, then revoked...

Posted by Boadicea (66.149.179.202) on June 22, 2004 at 22:15:16:

In Reply to: Motion to Vacate Judgment-Granted, then revoked... posted by MBAtkinson on June 22, 2004 at 14:32:28:

You haven't lost yet. You still have a court date and will be given the opportunity to present your case and argue on the merits.

If you were looking for an easy way to vacate the judgment, though, there isn't one. Many people have followed the advice of another board suggesting they allow the CA a default judgment, then to vacate it on a technicality, only to find out how difficult it really is to have one vacated.

You have to understand that normally in order for a judge to vacate a judgment, he or she needs to feel that your argument might have had some merit IF there hadn't been a default.

It's a little easier to use improper notice as a defense in some jurisdictions. For instance, IL allows for a default money judgment to be vacated if notice is other than by personal service. You STILL have to raise that defense, but at least it's there. Not all states have such a law.

So you really needed something else other than improper notice as your primary affirmative defense. Now that you've been given a new courtdate, start working on your approach. Make sure that there has been a proper accounting of how the claim amount was arrived at. Attack any claims for attorney's fees or interest past charge-off.

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