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Each state has its own rules for vacating a default judgment filed against you. In California, for example, a judge can vacate a default judgment taken due to mistake, inadvertence, surprise, or excusable neglect.
Martin Luther King's "Letter from Birmingham Jail" is the most important written document of the civil rights era. The letter served as a tangible, reproducible account of the long road to freedom in a movement that was largely centered around actions and spoken words.
If you don't file an Answer or you miss a court date, the party suing you will ask the court for a default judgment against you. You can ask the court to vacate (cancel) the default judgment. If the judgment is vacated and the case is put back on the court's calendar, the case is not over.
In order to vacate, set aside, or remove a default judgment in New York, you must make a motion to the court in which the judgment was entered. The motion will contain a specific request for the court to vacate the judgment and return monies taken to satisfy the judgment.
It says that people have a moral responsibility to break unjust laws and to take direct action rather than waiting potentially forever for justice to come through the courts. Responding to being referred to as an "outsider", King writes: "Injustice anywhere is a threat to justice everywhere."
After you notify the defendant of the judgment, you can begin to enforce the judgment. Your judgment might be for money, repossession, eviction, foreclosure, or any number of things. In any case, your rights at this point would be the same as if you had gone to trial and won.
Vacating a Judgment for Excusable Default Defendants in New York have one year from the date they were served with a copy of the judgment to present an excusable default argument to the court. Keep in mind that this time limit isn't the same as a statute of limitations.
How to Write a Kick-Ass Motion Make an Outline.Keep Your Motion Simple.Maintain Credibility.Mind Your Citations.Focus on Facts.Keep Your Intro Short.Respect the Opposition.Write in English, Not Legalese.
If you file a motion to vacate a default or a default judgment, you must file an answer to the original complaint along with any cross claims or counterclaims you may wish to assert, and the motion must be accompanied by the appropriate fee. Make a check or money order payable to Treasurer, State of New Jersey.
A judgment is good for 20 years, but if the plaintiff wants to enforce the judgment against land it is only good for 10 years unless the plaintiff renews it for another 10 years.