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If you do not think the default judgment was appropriately entered against you, you must file a motion with the court asking the judge to set aside (void or nullify) the judgment. If the judge grants your motion, the case starts back up again.
In Maryland, a judgment is only valid for 12 years. If you have not been able to collect your judgment within that time, you will have to renew the judgment to continue your collection efforts.
In order to vacate a judgment in California, You must file a motion with the court asking the judge to vacate or set aside the judgment. Among other things, you must tell the judge why you did not respond to the lawsuit (this can be done by written declaration).You may even be able to win the case.
Just as there are two ways for a creditor to get a judgment against you, there are two ways to have the judgment vacated. They are: Appeal the judgment and have the appeals court render the original judgment void; or. Ask the original court to vacate a default judgment so that you can fight the lawsuit.
A Motion to Vacate is a written request, filed with the Clerk's office, asking the court to undo the order of default and allow you to defend the case. In the motion, you must show the judge a good reason to allow your request and vacate the default. You must tell the judge why you did not file your response in time.
The three-year shelf-life of affidavits of confession of judgment is sometimes overlooked by practitioners and is important to bear in mind.
A Motion to Vacate Judgment is a specific request for the court to withdraw its judgment or order that it previously entered. Generally, a motion to vacate judgment may be granted to a party that can show that it didn't have a proper chance to present or prove their case.
A confessed judgment clause allows a creditor's attorney to file an affidavit with the lawsuit and effectively confess, on behalf of the debtor, that the judgment is owed.Confessed Judgments are governed by Maryland Rules 2-611 (in Circuit Court) and 3-611 (in District Court).
A confession of judgment is a written agreement, signed by the defendant, that accepts the liability and amount of damages that was agreed on. A confession of judgment is a way to circumvent normal court proceedings and avoid a lengthy legal process to resolve a dispute.