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Can you vacate a judgment in California if you received bad legal advice not to fight the suit?
Wiki User
∙ 12y ago
Only the court can 'vacate' a judgement. However if you feel that your argument of relying on inept counsel is persuasive, you may file an appeal of the ruling.
Wiki User
∙ 12y ago
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Does Motion to vacate judgment means the entire judgment can't be appeal or just the vacated issue?
Unless the judgment is worded to specificallyexclude certain privisions and/or specifically include certain others, just a general motion to vacate refers to the ENTIRE judgment.
How do i vacate a judgment to unfreeze my bank account?
You need a lawyer.
How many days after a judgment of revoking guardianship do i have to file for a motion to vacate?
Massachusetts law on time frame to file a motion to vacate
How do you remove a wrongful judgment?
Counter-sue. * File a Motion to Vacate in the court where the judgment was entered. If the petitioner is not throughly versed in the laws of the state and the procedures of filing it would be in their best interest to retain an attorney or at least legal advice on the validity of the motion and the implementation thereof.
How many daysto file Motion To Vacate Default Judgment?
10 DAYS
How do you remove a judgment from your credit report that is not valid?
File a motion to vacate based on that fact. After the judgment is entered there is a SOL for filing that motion.
How does one go about trying to pay off a small claims court debt in the state of California if the judgment is a number of years old?
You should first try to contact the plaintiff. Contact the court to get the plaintiffs' current information, including if they have assigned the judgment to a 3rd party. If you cannot contact the plaintiffs using the latest info on file at the court, you will need to file a motion to vacate the judgment. See an attorney for the motion to vacate--look in the phonebook for one who gives "free consultations."
What does vacate the judgment mean?
Vacate means to do away with. In court a judgment becomes final when the case is over and a judge has signed a piece of paper. The judgment is then effective until it is satisfied (by payment, or by doing whatever the judgment says) or until the judge has a legal reason to set the judgment aside. For instance if an appeal is filed, and some other judge says the first judge was mistaken, the second judge will vacate (put in suspense) the judgment. The judgment does not then have to be obeyed at that time. A court of appeals can reverse a case and change the judgment, or reverse the case and vacate the judgment (everybody starts over and you retry the case until you get a new judgment)In the UK there is a phrase known as "set aside judgment". This phrase normally describes a procedure by which judgment has been granted to a Claimant because no Defence has been filed within a prescribed time period. If however, there was good reason for this - such as the Claim was not properly served then the Defendant can apply to "set aside judgment" and if this application is granted the Defendant can enter a Defence.
How long after a trustee sale does a tenant have to vacate in california?
30 days
What does vacate mean?
To vacate is to make something vacant or empty. If you are inside it, this means you must leave; if your property is inside it, you must remove it completely. An order to vacate an area means that everyone must leave it, so as to make it empty.
How long after auction home sold do you have to vacate in California?
In California, the new owner typically has the right to initiate the eviction process immediately after purchasing the home at auction. The exact timeline for vacating the property after an auction sale will depend on the eviction laws and procedures in the specific county where the property is located. It is recommended to consult with a legal professional for accurate advice on this matter.
How do you contest a judgment against you?
File a Motion To Vacate in the court where the judgment was entered against the defendant. Contact the office of the clerk of the court of jurisdiction for information on the procedures and the forms required for filing.
