Can we file a motion to vacate judgment when unable to contact original plaintiff?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can we file a motion to vacate judgment when unable to contact original plaintiff?
We tried to settle a debt with a rental agency. They then charged us additional fees to which we asked for proof of the fees or documents supporting the amounts. This was never given to us. It was also found in the ruling that the plaintiff was in the wrong for raising the rent on the day of signing. (contract under duress). We have since filed a FDCPA violation case in Federal court. We have tried to contact the attorney to either pay or make payment arrangements and have not received any correspondence. Given the loss of time and wages, we would like to vacate the judgment.
Asked on October 15, 2010 under General Practice, Utah
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Let's start with the fact that you have a judgement against you. From what I gather there was a trial and the judge ended up ruling for the plaintiff and a judgement was entered against you. Correct? And now you want to in some way get rid of the judgement but I am not really sure about your reasons here. Let's put that aside for a minute. You can not move to vacate a judgement after a trial. You must file an appeal or a motion to set aside the verdict. There are time restrictions on both of them as well as restrictions on why you are allowed to bring the requests before the court. I would strongly suggest that you seek help from an attorney in your area with all of this and really soon. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.