How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22611
Experience:  14 years real estate, Realtor. Landlord 24+ years
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I have a judgement against me in small claims court. I processed

Resolved Question:

I have a judgement against me in small claims court. I processed a Motion to Vacate and have a hearing this week. The plaintiff and I have a settlement that we are currently negotiating. The plaintiff is willing to dismiss the judgement when we go to court.
What will the plaintiff need to do or say for the judge to agree to dismiss the judgement and is it with or without prejudice?

Thank you
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
What is the legal basis for your motion to vacate?
.
Do you anticipate having reached an agreement prior to your court date?
.
.
Thanks
Barrister
Customer: replied 1 year ago.

I was not given notice of the hearing date. There was a document filed with the court by the plaintiff by one of his friends who signed the document with the date and time her served me, but I never saw him or received anything. I learned of the hearing when I received the Judgement in the mail 3 weeks after the date they said I was served.


 


We are currently negotiating an agreement and it will be completed prior to the court date.

Expert:  Barrister replied 1 year ago.
Ok, then invalid service of process is a legitimate ground for a judge to set aside a judgment. I just wanted to make sure that you weren't trying to set it aside just because you had worked something out with the plaintiff as most times judges won't allow that.
.
If the plaintiff doesn't have any problem with the judge granting your motion to set aside the judgment, then all he has to do is say is that he has no objection to your motion and agrees that the judgment should be vacated.
.
Once the judgment is vacated, it just backs up the case to the pre-judgment status where in order to move forward, the plaintiff would then have to ask to have a trial date scheduled. If you have settled the case, then on the same day your motion to set aside the judgment is hear, the plaintiff can also make an oral motion to dismiss the case.
.
So the order would be 1. Make motion to vacate judgment, plantiff says no objection. 2. Judgment is vacated by judge. 3. Plaintiff makes oral motion to dismiss entire case due to settlement. 4. Judge should dismiss as settled and not that in the court records.
.
If he notes the case as settled, then it would be with prejudice and the plaintiff would be barred from bringing the case up again due to "res judicata" (a matter already judged).
.

.

.

Thanks.

Barrister

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 1 year ago.

Should I bring documents proving my side of the case to court in the event the judge will not agree to dismiss the judgement or will there be no possibility of the judge denying the dismissal as long as the plaintiff requests it?


 


Do we need to have the settlement agreement for the judge to view at that time?


 


Does the plaintiff need to have a Request for Dismissal Form CIV-110 or will the judge dismiss with plaintiff's request only?


 


Thank you

Expert:  Barrister replied 1 year ago.
Should I bring documents proving my side of the case to court in the event the judge will not agree to dismiss the judgement or will there be no possibility of the judge denying the dismissal as long as the plaintiff requests it?
.
As a matter of being ultra cautious, I would have all my evidence with me to prove my case on the off chance that the plaintiff changes their mind for some reason. Better safe than sorry.
.
But yes, if the plaintiff states that they have no objection to your motion, the judge will grant it.
.

Do we need to have the settlement agreement for the judge to view at that time?

.

The judge might want to see a written settlement agreement so he can enter it in the court record as part of the case. Some do, some are happy just to mark the case settled and dismissed. But once again, it is better to have it with you just in case. You can't be too prepared.

.

Does the plaintiff need to have a Request for Dismissal Form CIV-110 or will the judge dismiss with plaintiff's request only?

.

If he was filing it in advance, he would need to file the form, but if he is making the motion orally, the judge will either note it on the case file or will complete one right then in court and put it in the case file.

.

.

.

Thanks.

Barrister

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

 

Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 22611
Experience: 14 years real estate, Realtor. Landlord 24+ years
Barrister and 2 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.