Consumer Protection Law
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I was sued by cc. They got a default judgment. I found out when they started garnishing my wages. I filed motion to dismiss judgment and also garnish wages exemption. I went in front of judge to discuss the claim of exemption and I got it. Then after a while i received an order of dismissal that the court requested for lack of prosecution. They requested the plaintiff to respond in 48 hours and they didn't so the case was dismissed. Response 1: If you file a Motion to Vacate the Default Judgment and the Plaintiff did not respond, then the Judgment has been vacated. There is nothing else for you to do.
does this mean the judgment is voided since case was dismissed? I was told the judgement still stands and I have to file a motion to vacate. how do i do this after case was dismissed? Should i include an order for the judge to sign? any sample letters i can use? Response 2: I think you are confusing the terms here. You do not dismiss a case when a Judgment has been issued in the case. What you do is file a Motion to Vacate the Judgment. My understanding from reading your post here is that you would have already filed a Motion to Vacate even if you called it a Motion to Dismiss. If the Plaintiff did not respond to your Motion, the Court would vacate the Judgment against you. The Plaintiff would have to start the case over. The Court has already vacated the garnishment against you and vacated the Judgment obtained by the Plaintiff.
10/21/2010 Registry of Court Fee
10/20/2010 Motion for Writ of Garnishment
07/26/2010 Certificate of Service Interrogatories
07/02/2010 Affidavit of Costs
AND INTEREST IN SUPPORT OF DEFAULT FINAL JUDGMENT
07/02/2010 Final Disposition Form
06/04/2010 Minutes Hearing
no pltf/deft listed
06/03/2010 Motion (9:30 AM) (Judicial Officer Higbee, Heather L) Result: Granted
06/03/2010 Order for Default
05/11/2010 Notice of Hearing
06/03/2010 at 9:30 AM Telephonic
03/08/2010 Order Granting Motion to Dismiss
and/or motion for more definite statement deft shall have 20 days to file amended answer & affirmative defenses & counterclaims
copies mailed to atty $15.00
02/23/2010 Order on Motion for Substitution of Counsel
02/17/2010 Petition/Motion for Substitution of Counsel
TO EXPEDITE HEARING to prove Head of Household; sent to Judge, cc to PLTF
to expedite hearing
to expedite hearing **sent to the judge***cc to pltf's atty
11/30/2010 Motion to Dismiss
writ of garnishment **sent to the judge** cc to pltf's atty
11/29/2010 Order Setting Hearing
01/07/11 11:45 am
11/29/2010 Notice of Garnishment
11/19/2010 Writ of Garnishment Returned Served
and declaration to vacate judgment (cc sent to judge and pltf's atty)
11/17/2010 Claim of Exemption and Request for Hearing
11/15/2010 Notice of Garnishment
& offer to settle
11/12/2010 Answer of Garnishee
10/21/2010 Writ of Garnishment Issued
$100 to JJL Process Folder
12/16/2010 Order Dismissing Garnishment
12/01/2010 Order Setting Hearing
12/16/10 10:45 am (amended)
writ of garn; sent to Judge, cc to PLTF
OTHER EVENTS AND HEARINGS
04/18/2012 Motion/Notice and Judgment to Dismiss-Appear
07/20/2012 @ 9:00 am
Post Judgment Notice to Settle & Compliance Notice & Request for Discovery
Order of Dismissal (Judicial Officer: Allen, Faye L)
Comment (sent to rec 7/23/12)
Final Judgment (Judicial Officer: Higbee, Heather L)
Comment (in favor of pltf $6,190.57 against)
They never responded to the motion to vacate that i filed on 11/17 but the case was dismissed after for lack of prosection and i still dont have an oorder stating the judgment has been vacated. what i have is an order of case dismissed for lack of prosecution. do i still need to file another motion to vacate?
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I called the clerk of the court and they said the judgement still stands. They never responded to my motion to vacate because when i went to the hearing for the claim of exemption i didn't mention it to the judge. I was told that i have to reopen the case and file another motion to vacate the judgement. At this point i don't even know what my defense would be after all this time, or if the plaintiff would take the time to respond since i have a claim of exemption. I just don't know how im going to procede or what to claim if i file another motion to vacate...
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