Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

When I file the motion to vacate the judgment, do I have to…

Hello its me again when...
Hello its me again when I file the motion to vacate the judgment, do I have to file it at the same court the original judgment was made?
Show More
Show Less
Ask Your Own Legal Question
Answered in 21 minutes by:
5/12/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,423
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. A Motion to Vacate Judgement should be filed in the same court in which that judgement was originally entered. You are essentially asking the court to reconsider and so that is done in the same court that made the original decision.

Do note that if you are seeking to vacate a judgment as part of an appeal, rather than as a motion, different filing rules apply.

I hope this information helps. If you need additional assistance, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

​Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Legal
Satisfied Customers: 1,423
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
What is the difference between part of an appeal rather than a motion, also how long will it take for the courts to decide?
Customer reply replied 3 months ago
Hi Wendy thank you for your quick response I a have another question pertaining to this and that is will the court allow me to request a motion to vacate a judgment based on the fact that the court never filed a notice of entry of judgment and papers were never sent to me regarding this judgment 3 years ago?

It sounds as if a motion in the court where the judgment issued is the right course. An appeal would have had to have been filed within 30 days of the judgment. Here, with your situation of having not received notice, you are likely looking to vacate and essentially start over. Not knowing the specific facts of your case, this article may help in terms of some of the most common grounds for vacating a judgment: https://www.fizzlaw.com/article/how-to-vacate-judgment-in-california/

Ask Your Own Legal Question
Customer reply replied 3 months ago
Thank again Wendy. I will look into it. Thank you for the additional resources.

You are very welcome and best of luck. Let me know if I can be of any further assistance.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Attorney Wendy Your Own Question
Attorney Wendy
Attorney Wendy
Attorney Wendy, Lawyer
Category: Legal
Satisfied Customers: 1,423
1,423 Satisfied Customers
Experience: Member at Keefer & Keefer LLC

Attorney Wendy is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
How do you Request to “vacate” a judgement? Does it go to
second opinion] How do you Request to “vacate” a judgement? Does it go to the same judge who created the order or a different judge?This has to do with a adoption of a Bulgarian child.… read more
Edward Young
Edward Young
Juris Doctor
573 satisfied customers
Counselor! What Illinois Civil Codes of Procedure or
Second opinion] Counselor! What Illinois Civil Codes of Procedure or Statutes apply to "Contradiction' of Case. If the same Circuit Court in 2 separate 'civil' cases rule in contradiction of a 'compla… read more
socrateaser
socrateaser
1,031 satisfied customers
Law Educator, Esq.ONLY (This is the regular) (This is on the
Law Educator, Esq.ONLY (This is the regular) (This is on the motion to set aside) In my argument section of the motion to set asde the original judgment should I mention that the plaintiff conspired w… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I have a no answer default judgment entered against me in
Hello, I have a no answer default judgment entered against me in Collin county. I am getting conflicting info about how to respond. One person is telling to to simply file an original answer and gener… read more
Ray
Ray
Lawyer
Doctoral Degree
33,840 satisfied customers
I have had two judgements filed against me and my business
hello. I have had two judgements filed against me and my business in NY. I did however sign COJ's. I am looking for help to get these vacated or how I can go about getting these removed off my persona… read more
KLAW
KLAW
Juris Doctorate
2,401 satisfied customers
I would like to have a case remove the vacated judgment and
I would like to have a case remove the vacated judgment and reinstate the matter in court, even though it has been administratively dismissed on June 10, 2016 some 14 years later in as per marked inve… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
VACATE renewal of judgement: Is there a form I can fill out
VACATE renewal of judgement: Is there a form I can fill out to vacate or modify a civil judgment against me? The plaintiff is renewing the judgement after 10 years. Per the paper I just received in ma… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
What is a 6th district case [preferred] or any appellate district
What is a 6th district case [preferred] or any appellate district [second choice] or CA Supreme Court case that addresses what constitutes “good cause excusal of the 60 day requirement to file a Notic… read more
Thelawman2
Thelawman2
Doctoral Degree
1,752 satisfied customers
In the event that you have a revived judgment that is 10 years
In the event that you have a revived judgment that is 10 years old and you were never properly served (although there exists a certificate of service and affidavit of service,along with the potential … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
37,275 satisfied customers
customer tried to serve me the service said they served me
customer tried to serve me the service said they served me but didn't and she got judgement when I was never served! what are my options… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,047 satisfied customers
I was issued a void judgment from a circuit court judge over
I was issued a void judgment from a circuit court judge over a year ago. I now reside in a different county. Can I file a motion to vacate the judge's order in this new county's circuit court?… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
Robert only, Robert my attorney keeps asking the same
Robert only, Robert my attorney keeps asking the same question over and over. He wants to know if Judge #1 dismissed the case because of default. Does Judge #2 have to vacate the existing, standing or… read more
Robert
Robert
Attorney
Doctoral Degree
909 satisfied customers
I would like someone to review my - NOTICE OF MOTION AND
I would like someone to review my: - NOTICE OF MOTION AND MOTION TO VACATE SISTER STATE JUDGMENT (1 pg) - MEMORANDUM OF POINTS AND AUTHORITIES (1 pg) - AND DECLARATION OF (me) IN SUPPORT THEREOF (1.5 … read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,773 satisfied customers
my husb had a judgment filed against him in 2000 and a subsequent
my husb had a judgment filed against him in 2000 and a subsequent garnishment of property served on our credit union where we have joint accts. I've submitted a motion to object due to various reasons… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
i have a court hearing this tuesday (3/2/10) RE: a motion for
i have a court hearing this tuesday (3/2/10) RE: a motion for an order to show cause to vacate a default judgment. i served the plaintiff's attorney this past wednesday. in the mail today i received a… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
ANDREA YOU ADDRESSED MOST OF MY PAID QUESTION , HOWEVER U DONT
ANDREA YOU ADDRESSED MOST OF MY PAID QUESTION , HOWEVER U DONT HAVE IT ALL...I STATED IN EARLIER CONVERSATIONS TO YOUR EMAIL ORGINIZATION THAT I FILE A MOTION TO VACATE THE JUDGEMENT ORDER...I GOT A L… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
Hi there, how can I appeal a circuit court decision (an order)
Hi there, how can I appeal a circuit court decision (an order) which de facto hurts the interest of my dependent (11 months old daughter). The decision pertains a separate civil case where the court h… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I am getting nowhere with the Superior Court. I ask for forms
I am getting nowhere with the Superior Court. I ask for forms to fill out a motion to vacate and they said that there are no forms and I would have to do it in writing. I did. I followed up as to the … read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x