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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31025
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Customer: I have a judgement, from nearly 10 years ago, that would be easy to overthrow, or vacate is that possible
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Submitted: 9 months ago.
Category: Legal
Expert:  Roger replied 9 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

What state are you in?

Customer: replied 9 months ago.
I have a case that of which a default judgement was filed in 2006/2017 regarding a forclosure (done illegally). In 2008 or 2009 I asked for repleving of personal property and settled in my favor (kind of) what are my options if any, to get the original forcloser case set-aside or motion to vacate judgement. Thanks, *****
Customer: replied 9 months ago.
Missouri, Jackson County
Customer: replied 9 months ago.
are you there? original case is: 0716-CV08427 - DEUTSCHE BANK NATIONAL V RYAN JENNINGS ET AL (E-CASE)
and can be searched at: https://www.courts.mo.gov/casenet/There are several different options I have and incidents that all link back to this case and "real property"
Expert:  Roger replied 9 months ago.

Thanks for the information, Ryan.

Unfortunately, it is likely way too late to set aside the default judgment. As Missouri law provides, a motion to set aside a default must be filed within 1 year of the default judgment being entered.

Expert:  Roger replied 9 months ago.

Here's a link to the rule:

Missouri Supreme Court Rule 74.05(d):

When Set Aside. Upon motion stating facts constituting a meritorious defense and for good cause shown, an interlocutory order of default or a default judgment may be set aside.

The motion shall be made within a reasonable time not to exceed one year after the entry of the default judgment.

"Good cause" includes a mistake or conduct that is not intentionally or recklessly designed to impede the judicial process.

An order setting aside an interlocutory order of default or a default judgment may be conditioned on such terms as are just, including a requirement that the party in default pay reasonable attorney's fees and expenses incurred as a result of the default by the party who requested the default.

Customer: replied 9 months ago.
there was one of those already done, but I was misrepresented by my attorney, he
Customer: replied 9 months ago.
Expert:  Roger replied 9 months ago.

Thus, since you're 10 years out from the judgment being entered, it is likely not possible at this point to do anything about the judgment.

Customer: replied 9 months ago.
are you calling me
Expert:  Roger replied 9 months ago.

However, a judgment is valid only for 10 years in Missouri (§516.350), so if the judgment has not been renewed or extended, it could be expired....or very close to it.

Expert:  Roger replied 9 months ago.

I'm currently not able to call you as I'm traveling in an airplane. But, you're likely better off to concentrate on whether the judgment has expired under the statute of limitations rather than trying to get it set aside --- because that's very unlikely to happen at this point.

Customer: replied 9 months ago.
I have a timeline of events that all link back to this case that involve, being tied up at gunpoint, hit in the head 30+ times with a Golf Club told if I don't sign a deed over to someone (on that said property) it would be my last day to live, (managed to get out of that one). have had 2 different properties, ceased behind my back illegally, a landslide of ID Theft situations, held hostage another time at gunpoint and many other set-up charges that all link to this incident.
Customer: replied 9 months ago.
I am now a successful Owner of a Web Marketing Firm "WYSIWYG Marketing" of which we target the Industrial Manufacturing Industry, I am ready, dedicated and devoted to at someway getting this property back. The final judgement on this case is actually 2012. and links back "repleven case" of which I wrongfully settled in my favor.
Expert:  Roger replied 9 months ago.

That's quite a traumatic situation, to say the least, and you may have the right to pursue criminal charges, etc. for this....but setting aside a judgment more than a year from the date it was entered just isn't likely. There's no precedent for it.

Customer: replied 9 months ago.
I would love to the time, if you are interested, and give you a brief summary, and discuss options. At this point I am considering, many new charges, as my current property has some illegal activity on it as well. There are a few other properties in my name in the Jackson County area, that I knew nothing about until recently.
Customer: replied 9 months ago.
Let me know if you are interested in chatting on phone. Safe travels to you!
Expert:  Roger replied 9 months ago.

You'd be best served by hiring a local lawyer to review all of this as we're not able to take on clients through this site, but there could be options available....even if it's something other than setting aside the default.

Expert:  Roger replied 9 months ago.

If you'd like to continue here, that's fine...but I generally don't take calls (even if I wasn't traveling) because of ethical and professional rules.

Customer: replied 9 months ago.
How do we discuss options then, and potential retainer?
Expert:  Roger replied 9 months ago.

Like I said above, we're not allowed to take on clients through this site. Instead, we're only able to provide information germane to the issue you have. So, if you're wanting to hire a local lawyer, you'd have to do so outside of this site. The best source to do this would be via www.martindale.com.

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