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What is a Motion to Vacate? It asks a judge to cancel (to vacate) an earlier order or judgment entered by the same court. You file this Motion in the Washington state court where the Order you want vacated was issued. Does a Motion to Vacate make sense for my situation?
First, the government can seize your assets if you are charged with or convicted of certain crimes. Washington law also permits the government to seize assets that it believes are related to or obtained through criminal behavior, even if criminal charges have not been filed.
A vacated judgment (also known as vacatur relief) makes a previous legal judgment legally void. A vacated judgment is usually the result of the judgment of an appellate court, which overturns, reverses, or sets aside the judgment of a lower court. An appellate court may also vacate its own decisions.
The proceedings to vacate or modify a judgment or order for mistakes or omissions of the clerk, or irregularity in obtaining the judgment or order, shall be by motion served on the adverse party or on his or her attorney in the action, and within one year.
The judge will enter an order, which is called the judgment on the default. At that point, the defendant owes the plaintiff the amount of money the court has determined is due to the plaintiff. Essentially the case is done at this point.
Judgments Last Quite a While in Washington Essentially, the plaintiff becomes a creditor, with the right to certain types of property in order to pay the judgment amount. In the state of Washington, a judgment lien will remain attached to a person's property for ten years.
If a tenant being evicted for non-payment of rent loses in eviction court, but has an unexpired lease term, the tenant can reinstate the tenancy by paying off the full amount of the judgment into the court registry. See RCW 59.18.