Vacating a conviction. 440 Motion to Vacate Default Judgment.
Vacating a conviction. 440 Motion to Vacate Default Judgment.
A common issue for pro se litigants is often times vacating a default judgement and sometimes you don’t get served with a complaint or gets lost in the mail or the other side just never serves it on you maybe because their locks or maybe because there was a clerical error who knows but you often times run into a scenario where you have a complaint that’s filed against you and you don’t respond to it within the time. And then that plaintiff cuz you’re the defendant that plaintiff gets a default judgement meaning whatever request they have requested in their in their complaint they get simply because you didn’t answer I want to talk today about issues between vacating a default judgement and what happens to the case against you and want to clear up some common Miss captain’s so stick around cuz that’s why we’re going to do inside this video thanks for joining me my name’s Peter Lamont I’m a business attorney in the host of you to radio. Your business success illegal Information Station and today I want to talk specifically about what it means to vacate a default judgement and what impact if any that has on the case filed against you so in other videos we talked about how to go about vacating a default judgement we talked about what it is but it off and receive questions about the vacated default judgement and people often times confused vacating the Judgment with having their case dismissed so much tell you story about the call that I received a few weeks ago gentleman calls up and he says I’ve been handling my case prosect and they had filed a judgement they detained it and I soon as I learned about and I went out and I filed a motion to vacate a default judgement just like we talked about it and you know the videos and I was successful and he called me basically to thank me for the video as I want thank you for putting up the video because I filed this motion to vacate and I won and my case was dismissed and I said will wait take a step back explain this to me he says a complaint was filed against me I was never served with it you know watch your video I learned what the legal term of art was I learned what I need to show in the motion I wrote a motion to vacate default judgement I filed it and the judge granted my motion and the Judgment vacated I won the case thank you I said wait about you going to take a step back because I think you are confusing dismissal of your case with vacating the judgment and he so what I understand that’s why would you in this video today so vacating a default judgment simply means that the Judgment that was entered against you has been lifted eradicated it’s no longer there there’s no judgement against you any further however you didn’t obtain a dismissal of your case you didn’t it ain’t a dismissal of the complaint filed against you what you have done is allowed yourself an opportunity to put in an answer and defend that claim so there’s a big difference between getting a dismissal of the case filed against you and vacating the default judgement I need to be clear on this because you have to understand that when you vacate a default judgement successfully the judge will most often issue an order and that order says judgment is vacated and sometimes it will say that you the defendant have X amount of days to file an answer be kind and you need to know that you need to be aware that you’ve got to file an answer to the complaint within that time. You could be in default again and the more times your default the less likely the court will be to vacate that generally speaking when the vacation that the default is vacated and the judge issues an order and said you got to put in an answer by ex-date and you they’re not going to give you the second bite at the Apple second shot but you’ve blown it she’s going to really look at that order and read it and understand it because vacating the default does not mean you’re case is dismissed it means you can now come into the case and you can try to defend yourself so I just want to clear that up and make sure that you were aware of that vacating a judgement a default judgement means that the judgment is no longer there and it allows you the opportunity to defend the claim it does not mean that you have won your case it does not mean that the case that was filed against you has got away OK Bebe very clear on that because it all this gentleman that called was so excited that he won and I said did you look at the court order he said yes it was granted it Wii motion granted as it did you look to see if there was a deadline to file an answer and he said out of luck then a few days later he called back and he said he know you were right I have to file an answer I didn’t understand that so I’m hoping that you know this helps clear that up if you have questions about this need like to ask them now you can contact us at 297-3949 70 or you can email me at the appeal Aman yugioh radio.com happy to answer your questions or discuss he know your issue with you help you get some clarity on this I also want to thank you for watching a video and I want to remind you that if you haven’t done so already please subscribe to the channel so that you are notified when you videos are posted and you know it always helps to see some comment then maybe sometimes up if you get a chance I really appreciate it means a lot to me it lets other people know about this so the station and and this Channel and it’s it’s a way of helping people which I think is something that severely lacking in the legal community so if you could share this it would mean a lot to me and you’d be helping a lot of other people as well finally don’t forget also subscribe to the podcast as a link below because the podcast which is a five-day week podcast has different information from what you’re seeing here on the YouTube channel so there’s a podcast about legal Q&A and business Q&A and his weekly news program so you don’t want to miss any of that that is on the podcast only and finally if you want one place to find everything including downloading or free app being able to ask legal questions through the app for free then you’ll want to go to UTI radio. Website has links to everything on the website so check this out there in a few weeks we’ll have a new website ready for you guys and I’d love to hear your comments a car that’s going to do it for today thanks for tuning in thanks for watching please let your family friends and relatives colleagues know about you to radio. Is the 6s and Legal Information Station I’ll see you next time motion to vacate.
— IMM_AMM (@IMM_AMM) 30 de noviembre de 2016