Is age a reason to grant a motion to vacate?
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Is age a reason to grant a motion to vacate?
I won a default judgment. He didn’t show because basically, he forgot (he’s 84). In this case, is a motion to vacate granted? The original judge recused himself for some reason. I have already filed the judgment.
Asked on December 16, 2011 under Bankruptcy Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It's not automatically grounds to vacate, but will a fact taken into account in determining whether there was a good excuse for not showing at court--for example, that he has limited mobility due to his age and couldn't get there; that he had a health emergency; or, as you state, that he forgot, but maybe the forgetting was due to some age-related dementia or mental impairment. Age will be one factor in weighing whether to set aside the default or not, if he moves for same.
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