If a judgment creditor over charged you on a writ of garnishment increasing the interest and the amount to be garnished can the judgment be vacated?
The judgment is affirmed.
Until it is satisfied or vacated.
The judgment is affirmed.
The judgment is affirmed.
No. A "vacated" judgment means that the court considers that the judgment never took place - is vacated - is rendered null and void. A "dismissed" judgment can be done two ways - "with prejudice" and "without prejudice." "Dismissed WITH prejudice" means that even if the facts presented are true the case is over and cannot be re-tried. "WITHOUT prejudice" means the same, EXCEPT, that the charges CAN be re-filed and the case re-tried.
"Judgment affirmed" means that a higher court has reviewed a lower court's decision and agrees with it, thereby upholding the original decision. It typically indicates that the original ruling will remain in place.
You need to show the person you paid the proof that the judgment has been vacated. If they refuse to repay the money, you should petition the court for an order specifically ordering them to pay the money back.
In a divorce case the word vacated can mean either of two things. It can refer to a judge cancelling an order or judgment. It can also mean to move out of a house.
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.
Not necessarily. Cases remanded back to a lower court are occasionally sent back down simply to be tweaked or have minor procedural errors corrected. If they were any more serious, the Appeals Court would have overturned them and vacated the finding or sentence. OR - if they were in majority agreement with the lower court the finding would have been "affirmed."
When a judgment of divorce is vacated it is nullified and cannot be amended. You would need to refile via a new complaint for divorce.