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Can defendant vacate a renewed default judgment when based…

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Can defendant vacate a renewed...
Can defendant vacate a renewed default judgment when based on a change of venue that was done after expiration of the prior judgment and, if so, how?
Submitted: 3 months ago.Category: Consumer Protection Law
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Answered in 14 hours by:
3/24/2018
Consumer Protection Lawyer: Josie-Mod,
 replied 3 months ago
Josie-Mod
Category: Consumer Protection Law
Satisfied Customers: 12
Verified
Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
Thank you!
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Customer reply replied 3 months ago
Wait
Consumer Protection Lawyer: HCLegal, Lawyer replied 3 months ago
HCLegal
HCLegal, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 430
Experience: I have won over 1500 Debt Lawsuits, saving my clients over $12,000,000.
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What state is the judgment in?
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Customer reply replied 3 months ago
Second judgment open
Consumer Protection Lawyer: HCLegal, Lawyer replied 3 months ago
Hi there... In order to answer your question fully I need to know what state the judgment is in. Thanks
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Customer reply replied 3 months ago
Here is the story
A default judgment was entered on August 18, 2006 ( “the 2006 judgment” ). In May 24, 2016 a complaint was filed in wrong county with improper address (non existent ) in order to renew the 2006 judgment.
When the county found out, they sent it to the proper county which is the defendant county. Because of this delay, the defendant has been served on July 26, just 18 days before the expiration of the 2006 judgment.
The defendant filed a motion to dismiss with prejudice before the expiration of the 2006 judgment in both counties.
After the judgment expiration, on October 2016 the plaintiff filed a change of venue without defendant consent and which was granted.
Consumer Protection Lawyer: HCLegal, Lawyer replied 3 months ago
Thank you for the additional information, but I still need to know what state you are in!
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Customer reply replied 3 months ago
The judgment is active as April, 2017
Customer reply replied 3 months ago
I am in NC
Consumer Protection Lawyer: HCLegal, Lawyer replied 3 months ago
Great, thank you. One more question.... What was the judgment for? An old credit card debt?
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Customer reply replied 3 months ago
Old credit card
Consumer Protection Lawyer: HCLegal, Lawyer replied 3 months ago
Great... I will need to research NC law and get back to you. But the fact that it was an old credit card debt is good. There is most likely a violation of the Fair Debt Collection Practices Act, which will allow you to sue them for filing it in the wrong county.I will have an answer for you regarding the judgment later tonight.Thanks,Customer
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Consumer Protection Lawyer: HCLegal, Lawyer replied 3 months ago

I'm sorry but I cannot find enough information regarding your facts to fully answer your question. As such I am going to opt out and let another expert respond.

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