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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 88441
Experience:  Attorney experienced in commercial litigation.
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I was sued by cc. They got a default judgment. I found out

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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. 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?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



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.

Phillips Esq., Attorney-at-Law
Satisfied Customers: 12748
Experience: B.A.; M.B.A.; J.D.
Phillips Esq. and 2 other Consumer Protection Law Specialists are ready to help you
Customer: replied 1 year ago.

 


 


10/21/2010 Registry of Court Fee


$3.00


10/20/2010 Motion for Writ of Garnishment


$85.00


 


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


07/02/2010 Letter


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


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


02/26/2010 Copy/Copies


copies mailed to atty $15.00


02/23/2010 Order on Motion for Substitution of Counsel


02/17/2010 Letter


02/17/2010 Petition/Motion for Substitution of Counsel

Customer: replied 1 year ago.

 


11/30/2010 Motion


TO EXPEDITE HEARING to prove Head of Household; sent to Judge, cc to PLTF


11/30/2010 Motion


to expedite hearing


11/30/2010 Motion


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


 


11/17/2010 Motion


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

Customer: replied 1 year ago.


12/16/2010 Order Dismissing Garnishment


12/01/2010 Order Setting Hearing


12/16/10 10:45 am (amended)


11/30/2010 Motion to Dismiss


writ of garn; sent to Judge, cc to PLTF

Customer: replied 1 year ago.

OTHER EVENTS AND HEARINGS


04/18/2012 Motion/Notice and Judgment to Dismiss-Appear


07/20/2012 @ 9:00 am


03/06/2012 Letter


settlement offer


 


01/30/2012 Notice


Post Judgment Notice to Settle & Compliance Notice & Request for Discovery

Customer: replied 1 year ago.

DISPOSITIONS


07/23/2012


Order of Dismissal (Judicial Officer: Allen, Faye L)


 


Comment (sent to rec 7/23/12)


 


07/13/2010


Final Judgment (Judicial Officer: Higbee, Heather L)


 


Comment (in favor of pltf $6,190.57 against)

Expert:  Phillips Esq. replied 1 year ago.
Hello: Unfortunately, I am signing off at this time. I have a deadline that I need to meet on a case. So, I will opt out and give other Experts the opportunity to further assist you. Also, you do not have follow-up questions. You need to ask questions so that an Expert who picks up your case would know what to do. If no Expert picks up your post, I would respond to you when I get back later today.

Thank you for your patience.

Have a wonderful day!
Customer: replied 1 year ago.


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?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response and question. You previous expert had to go and I am a different expert here who looks forward to working with you to provide you the information you are seeking.

It does not appear your motion to vacate judgment above was ever ruled upon. Also the docket master you posted above shows that something was simply dismissed, it does not say the judgment or case was, you have to look at the order which would specify what was specifically dismissed or go to the clerk's office and look in the file to see what was dismissed.

If the court has dismissed the entire case, then the judgment is no longer valid and you need to do nothing at all. If the judge only dismissed the action against you for the debtor's examination and discovery for them failing to pursue it, then you have to file the motion to vacate again, since it was never ruled upon and you will have to get a hearing and explain why the default judgment should be dismissed.



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Customer: replied 1 year ago.


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...

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your updated information.

It appeared from the docket master, as I said, that perhaps the debtor's examination was what was dismissed and nothing else.

It also shows no ruling on the motion to vacate default was ever heard. Thus, you need to file a renewed motion to vacate default and your defense would have to be some denial of your due process rights in that you were never given a meaningful opportunity to defend yourself against the debt. Also, because of the time that has passed you need to mention in the motion to vacate that you filed a previous motion to vacate which was never acted upon by the court and this motion is a renewal of that motion.
Law Educator, Esq., Lawyer
Satisfied Customers: 88441
Experience: Attorney experienced in commercial litigation.
Law Educator, Esq. and 2 other Consumer Protection Law Specialists are ready to help you

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