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Question

Can I get a default judgement reversed?

Submitted: 32 days and 4 hours ago via ThePetCenter.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: North Carolina

Already Tried:
Nothing. However, I have paid about $7500 of a $10,000 judgement. I am in the process of trying to settle the account for an additional $500. I have learned my lesson and feel I have paid the price, espcecially since most would have attempted to settle for far less than what I hope to settle for. I do not want this with me for the next 7 years.

Posted by Daniel Solutions 32 days and 4 hours ago.

Answer

Rule 59 also governs the grounds for motions for new trials. The

same grounds that govern amendment of judgment also govern the court's ability to

grant a new trial under rule 59. Whether moving for a new trial or to amend judgment,

your motion must be served no later than ten days after entry of the judgment. N.C.

Rule of Civ. Pro. 52(b), (e) (2007).

 

Appeals to the N.C. Court of Appeals must be filed within

timeframes established by the North Carolina Rules of Appellate Procedure. N.C.G.S.

§1-279.1 (2007). That time frame is within thirty days of entry of the judgment as per

N.C. Rule of Civ. Pro. 58. N.C. Rule App. Pro. 3(c) (2007). (Remember that you do not

get an additional three days time to file your appeal if service of the order is made upon

you by mail under the explicit language of Appellate Rule 3.)

 

 

32 days and 4 hours ago.

Reply

It has been over 6 months. So, according to NC law, a reversal is impossible at this point.

Accepted Answer

Sorry but you time to file an appeal is over.

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Expert: Daniel Solutions
Pos. Feedback: 98.6 %
Accepts: 
Answered: 10/21/2009

Lawyer (JD)

Practing General Attorney, Professor and Lecturer of law for two decades

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