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I have a question about abatement. Not related to nuisance…

I have a question about...
I have a question about abatement. Not related to nuisance abatement, but abatement of a civil lawsuit. As a defense or tool to quash a claim.

UNDER ALABAMA LAW Does the defense of abatement have a time period that it must be brought by?

If a final judgment has been granted for the plaintiff and the time for appeal has run, can abatement be used to make the judgment void? If so, by when must abatement be brought to be valid?
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Answered in 4 minutes by:
6/28/2010
Michael J., Esq.
Category: Legal
Satisfied Customers: 3,514
Experience: Licensed attorney; represented hundreds of clients in my private practice.
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Hello -

Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your legal problem today.

Unfortunately, under Alabama law abatement must be brought up as a defense BEFORE the final judgment. After the Judgment has been issued, abatement may no longer be argued. The only arguments that can be made after a final judgment have been made are a) an appeal on the judgment or b) argument that the motion should be set aside because of unfairness or fraud.

Good luck,

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
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Customer reply replied 8 years ago
Is there a case or an ARCP citation that I can get to support that answer? Thanks so much this is right on point.

Please check ARCP Rule 60, which addresses relief from Judgments.

As you can see, there are only certain arguments you can make after judgment has been issued, namely: a)clerical mistakes, or b) mistakes, inadvertence, fraud, etc. However, under 60(b)(5), you could argue that since the underlying condition has been taken care of, the judgment should no longer be enforced. This is not exactly abatement, but similar.

Good luck,

If my answer was helpful, please click ACCEPT so I may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.

Regards,

Michael
Michael J., Esq.
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Customer reply replied 8 years ago
Thanks for the answer. It works well. I was wondering if there was any additional citation for abatement. 60b gives a timeline for measures AFTER a final judgment. Where can I find "abatment before final judgment " in writing?
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