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The judge denied my order to vacate judgement, im not shure…

Customer Question
The judge denied my...

The judge denied my order to vacate judgement , im not shure if this was correct because i was not given a change to explain why i felt the stipulation was not held up by the plaintiff on the oringal deal were i agreed to make payments if he reomved the nasty post on line can i appeal todays disccsion

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

Yes there was a stip filed in 2015 i defaulted in the payment arrangments becasue i had a heart attack the went to court and got the judgment last week and i filed a request to vacate on the grounds that i was not in court last week we went to court today at 9 am

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can i appeal this what the judge did today to un wind the judgment

Submitted: 8 months ago.Category: Legal
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Answered in 7 minutes by:
11/15/2017
Lawyer: LegalKnowledge, Attorney replied 8 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,400
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 8 months ago

Good afternoon. I certainly understand the situation and your concern. If the Judge failed to follow the law, you could have a legal basis to appeal. Before you do, you should try and motion the court and ask for a re-hearing on this, to bring to the attention of the Judge that you have good faith arguments as to why this should be vacated and what happened, which lead to the breach and use the applicable law as well, which I have provided a link to, below.

https://www.fizzlaw.com/article/how-to-vacate-judgment-in-california/

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Customer reply replied 8 months ago
How do i protect myself from this judgement .
Lawyer: LegalKnowledge, Attorney replied 8 months ago

You need to get it vacated and show that you have a defense/ basis, for which it should not be imposed. If you had a heart attack and were hospitalized, you can present and show evidence, as to why you failed to appear. However, you need to go a step further and show the Judge that you have a basis for which the judgment should not have been entered and a defense and that this should be decided on the merits of the case. You want to explain to the Judge what the plaintiff did or failed to do, which caused this.

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Lawyer: LegalKnowledge, Attorney replied 8 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 8 months ago
THE JUDGMENT IS FOR 8500.00 I THINK I WANT TO HIRE A ATTORNEY TO GET ME BACK ONA PAYMENT PLAN RATHER THAN HAVE A JUDGEMNT IS THIS A BETTER MOVE .
Lawyer: LegalKnowledge, Attorney replied 8 months ago

That would be something that they would have to agree to. Assuming you are found to be in breach of the payment plan, they could accelerate and demand the amount in full an you would need to get them to agree to this. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Customer reply replied 8 months ago
WHAT I AM ASKING IF YOU THINK IT IS A WASTE OF TIME FOR ME TO HIRE A ATTORNEY WHAT ARE MY CHANCES WITH THE JUDGE ON A APPEAL
Lawyer: LegalKnowledge, Attorney replied 8 months ago

I do not think it is a waste of time if you have a basis to show and support why you failed to appear in court and what lead to you not paying, as agreed. You shared that there was something the plaintiff failed to do, so if that is the case and their actions support you withholding payment, you would have a basis for this, so they would have to continue to accept the payment plan.

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Lawyer: LegalKnowledge, Attorney replied 8 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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