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- 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.
What else can I help you with?
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 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.
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.
What does vacate mean in Arizona courts?
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/
Can you vacate a judgment in California if you received bad legal advice not to fight the suit?
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.
What does motion to vacate foreclosure sale mean?
Motion to vacate sale means cancelling the order that confirms the sale of the foreclosed property. The word "vacate" means cancel in this case.
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.
Can they get judgment without you knowing if was filed?
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.
How do you contest a fraudulent 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.
