Hello XXXXXXX:
Thank you for contacting Just Answer for assistance.
Before I answer your question, would you please tell me if the court did, in fact, vacate the default judgment? If so, did the court issue a written order which states this?
I'll get back to you after I receive this information.
Thank you.
I actually served 3 individuals and the corporation just to cover my basis, I only dealt with 2 of the people a husband and wife but I did include the corporation and the president of the company. In January the judge did vacate the the default judgement of the president of the company without prejudice, he claimed he did not meet with me (which he did not) I still have the 2 defendants which needed to file a motion to vacate within the 30 days of the original court date when the judge granted me the default judgement on 1/23/09. We were in court on 2/20/09 because I filed a motion to discover assets, at that time when he told me that I was going to be paying him money for wasting his time, he filed an appearance and not an order to vacate the default judgement. I am waiting to see what my next move is.
I apologize for the delay in answering your question, but my computer was being operated on (it lived).
Husband and wife defendants caught a break by being give the opportunity to file a motion to vacate which they did not do. Their notice of appearance in the case is premature. They have no standing to do this unless and until court grants the motion to vacate the default judgment. It appears they blew the deadline imposed by the court to do this.
Try filing a motion or order to show cause to enforce the default judgment and include your original request to discover assets. I wouldn't be surprised that a defendant would take advantage of this passage of time to change or move the assets to keep them out of reach of your judgment. But, this happens frequently and courts are well equipped to handle this type of situation.
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Good luck to you.
Attorney
24 yrs. as trial and appellate lawyer in complex NY domestic relations. All areas of law tried.
I'm glad I was helpful.
Yes, you contact me by going to the Just Answer site, and before you type in your question put: FOR COWGIRLAWYER ONLY. If I'm not online, the site moderator will send me an email to contact you.
Good luck.
To be safe, re-serve the citation notice and citation to discover assets. The judge is not likely to make a ruling on exact payment (I assume you mean when they should pay, how, interest, if any, etc.) because you already have a vailid default judgment (you told me this has not been vacated or set aside) which you can execute on any assets you discover.
You could also include a motion to strike the appearance filed by the defendants as being untimely.
how do I execute, just saying that to the judge or filling out a form?
I have 2 copies of the certificate of attorney in citation proceedings to geve to tht ejudge with all of the filing fees on them.Can you think of any other forms or motions AI need to file? I will submit another payment to you on your response
I'll address several issues:
I hope this helps you out. Feel free to contact me again. A good recommendation to Just Answer would be appreciated.
oops I think I screwed up I went to file the motion and re read the court doc from Febreuary 20. The judge wrote an order "plaintiff and defendants present, these 2 defendants moving to vacate default judgement and to appear and answer or otherwise plead. Defense motion these 2 defendants granted, to be done by 3/20/09 matter cont'd fir status to 4/3/09 9:00 am." So I know I have court date on the 3rd but did the judge grant them more time than the 30 days from the original filing date? I have no idea if I can file something now or if I have to wait until the 3rd, and what do I do then when they only filed the appearance. Sorry I need help..... Im in Illinois by the way, thank you
Hi:
Do you still need help?