I just did extensive research regarding filing a Motion to Vacate a Default Judgment. What I found out shocked me and upset me. Okay, you know my story, but I will re-cap anyway. November '04 I received a notice that I was being sued by my CC company. Right away, I went to consult an attorney about BK. I paid him his complete fee and he assured me that he would take care of the summons I received by sending a "suggestion of BK." He told me he would respond to the summons and that I didn't need to do anything. So, December '04 I received a notice that a judgment was entered against me. I consulted my attorney and he told me not to worry because the judgment would be extinguished when my BK was discharged. My BK was discharged in May and I pulled my credit report a couple days ago. The judgment was there! Upon investigating my BK paperwork I found that the attorney sent the "suggestion of BK" two months after the court hearing and subsequent judgment was rendered.
So, I looked up what I neded to do in order to Vacate the Judgment. According to web-sites I looked at, you must file the Motion to Vacate 10 days after you receive notice of the Judgment!!!!!!!!!!! You must go to court for this and everything. Basically, have a new hearing. Well, how in the World could I have done that when I had no clue that my attorney was jacking with me? I thought all was being taken care of, so how would I have known about the 10 daylimit to file a Motion to Vacate? I also learned that you might have longer if circumstances permit, so I ask either of you....is improper handling of my case by my attorney going to permit me to still file a Motion to Vacate this Judgment? God, had I known all of this, I would have gone to that court hearing and told them I was filing BK, instead of trusting the attorney. Do you think I have grounds to file this Motion, even though I am well past the 10 day limit? Seeing as how all of this just came to light when I pulled my credit report, I should be able to file the Motion, shouldn't I?
I hope so, because if I can't, I am still going to be responsible for this 19 thousand dollar debt. And if that is the case, I will file a complaint against this attorney. The main reason I went to him was to take care of the law-suit, and he did nothing.
Basically, my question is, based on what I have said, do you think I can still File a Motion to Vacate the Judgment?
So, I looked up what I neded to do in order to Vacate the Judgment. According to web-sites I looked at, you must file the Motion to Vacate 10 days after you receive notice of the Judgment!!!!!!!!!!! You must go to court for this and everything. Basically, have a new hearing. Well, how in the World could I have done that when I had no clue that my attorney was jacking with me? I thought all was being taken care of, so how would I have known about the 10 daylimit to file a Motion to Vacate? I also learned that you might have longer if circumstances permit, so I ask either of you....is improper handling of my case by my attorney going to permit me to still file a Motion to Vacate this Judgment? God, had I known all of this, I would have gone to that court hearing and told them I was filing BK, instead of trusting the attorney. Do you think I have grounds to file this Motion, even though I am well past the 10 day limit? Seeing as how all of this just came to light when I pulled my credit report, I should be able to file the Motion, shouldn't I?
I hope so, because if I can't, I am still going to be responsible for this 19 thousand dollar debt. And if that is the case, I will file a complaint against this attorney. The main reason I went to him was to take care of the law-suit, and he did nothing.
Basically, my question is, based on what I have said, do you think I can still File a Motion to Vacate the Judgment?
Comment