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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
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The plaintiff got a default on me in May 2010. Then she filed

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The plaintiff got a default on me in May 2010. Then she filed numerous prove up packages and asked the judge to grant her default judgments which were denied. However, finally the judge granted the default judgment after 2.5 years in November of 2012. Is that legal. Can I possibly request for vacattion of judgment because it was denied numerous times and then granted after such a long time

Please advise
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. A default judgment is a judgment entered for procedural reasons -- not on the merits.

There can be numerous procedural reasons why a judge does not grant a default judgment request during the course of a case. That does not mean that the plaintiff is not entitled to judgment. It just means that, at that procedural posture of the case, a default is not proper.

When a judge denies a request for a default, the case is not dismissed. And, thus, the judge is still free to issue a judgment down the road when a different procedural context presents itself.

So, the answer to your question is: no, you cannot request that the judgment be vacated under these facts.

If the judgment was entered in error, as a matter of law, then that would be a basis to seek the judgment being set aside. If you want to see if the judge committed such an error, you may want to get a complete copy of your court file and have it reviewed by a local attorney.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Customer: replied 4 years ago.


Thank you so much

You are very welcome. Please do not forget to click on excellent service feedback so that we are credited for assisting you.

~~ J.B.
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