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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7349
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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A creditor got a default judgement on me 4/4/16. What type

Customer Question

a creditor got a default judgement on me 4/4/16. What type of motion do I need to file in Nassau county?
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.
You need to file a Motion To Vacate Default Judgment and state your reasons for requesting that the case be reopened. You should give a reason why you were late to court, and also state that you have a valid defense to the creditor's claim.
Customer: replied 1 year ago.
thank you. is there a place to go on line for examples. I dont have a reason why except that I just completed my divorce and the settlement did not provide a lump sum to pay for the card. I'm financially devastated b/c of the divorce and am considering bankruptsy. I am trying to prevent a lien going on my house (also in default) before I can decide to modify etc.
Expert:  Irwin Law replied 1 year ago.
In other words, you are not claiming that you don't owe the money, but rather that you are not in a position to make payments at this time. If so, then trying to vacate the default judgment is probably a waste of time on your part. If you are looking for ways to avoid or postpone paying the judgment, I can move in that direction too.
Expert:  Irwin Law replied 1 year ago.
I will need a little more information about your home and whether you claim you have sufficient equity in it and are concerned about keeping it.
Expert:  Irwin Law replied 1 year ago.
There are numerous sites on line that offer preparation of legal documents. I don't know if any of them would have anything like the motion you need. If you Google "motion to vacate" form, you may get something close to what you need.
Expert:  Irwin Law replied 1 year ago.
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