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What does 'vacate the judgment' mean?

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2011-09-14 01:38:36
2011-09-14 01:38:36
  • 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.
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It means to set it aside as if it were never gotten or entered.

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It means that the judgment is no longer in force or effect just as i f it had n ever been entered to begin with.

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If you were sued and lost because you did not appear in court, you can file a Notice of Motion to Vacate Judgment. By filing this motion, you are asking the court to cancel the judgment entered against you and to give you a new trial.

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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.

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File a motion to vacate based on that fact. After the judgment is entered there is a SOL for filing that motion.

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A motion filed with the court seeking to set aside a previously rendered decision or judgment entry. It seeks to undo something that was already ruled on in a court case.

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To "vacate" something in legal terms means to make it null and void it or set it aside. See: http://definitions.uslegal.com/v/vacate/

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To leave or vacate quickly.

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Motion to vacate sale means cancelling the order that confirms the sale of the foreclosed property. The word "vacate" means cancel in this case.

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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.

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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.

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Yes, it happens all of the time, it is called a default judgment. If this has happened to you, call the clerk of the court in your area and ask the procedures and SOL for filing a motion to vacate the judgment due to an error in service.

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It means to rescind or cancel it.

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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.

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Define "renewed." Once a judgment of the court has been delivered (unless it is peculiarly time-sensitive) it doesn't need renewal , nor does it expire unless a motion is presented to the court to alter or vacate the original judgment.

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When a judge vacates a judgement he/she makes the previous judgement legally void. This usually occurs when a judgement has been appealed and the appellate court decides to overturn the original ruling.

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Leave the house/flat/etc.

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Yes. If the losing party asks for reconsideration, the judge can decide to vacate the judgment. Also, if the losing party appeals (provided your state allows for small claims appeals), and is successful, then the judgment would be reversed.

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if you file a motion to vacate dismiss the judgment and it is granted, or it has run its course for SOL for reporting

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You have 30 days to respond to a default judgment by going to the courthouse and filing an appeal. A new trial will be set where the judge will either give you another opportunity to hear your side or vacate the judgment if you can show that you were not properly served.

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Vacate means to leave. An example of vacate would be that when a lease on an apartment is up, you can either choose to renew your lease or vacate the premises.

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Of course they can. Although, they may not be willing to incur the additional expense to do so. Since a judgment is a legal action, the creditor, or their attorney, would have to go back to court and file a motion to vacate (dismiss) the judgment. You would then need to follow procedures to make sure that the order to vacate was recorded and also forward it to the credit bureaus requesting deletion of the legal entry.

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what is domestic judgment mean?

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A synonym for vacate is abandon.


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