Vacating a Default Judgment Doesn't Mean You Win | UTLRadio.com

In this video UTLRadio.com host Peter Lamont discusses the meaning of a vacated judgment. He discusses a recent telephone call where the caller vacated the judgment against him and thought that he has won the case. Peter expalins what happens after you vacate a judgment.
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[@gregory129]

I received a citation for asset discovery. A default judgement was entered against me for 250,000. I'm a recently retired mailman. I never met this lady. I got in an argument with her on the telephone last year when she called and tried to force me to return my dog to a rescue shelter she owned. It got heated . Is there any way I can handle this to keep my house. I have no money. I'm on social security. I'm 66. I owe 110,000 on my house. My house is worth about 200,000. I've never met this witch. I live in illinois. I've been calling attorneys for 3 weeks. Not even a call back.

[@deloriscolvin8113]

Thank you for explaining what vacate a judgment means

[@ctsnctechnologychannel6342]

I have a simular situation where a default summary judgment was made against me, so I went to the Court and filed the motion to vacate judgement and any writ of possession. Now I have a court date to appear. So I guess now I will be allowed to some how defend my case and hopefully get it dismissed or settled in Arbitration.

[@mirandarightsallrightsrese8327]

Thank you for your professionalism

[@davidron908]

What if I set aside a default judgment after the statutes of limitations have expired. Can I argue that the statutes of limitations have expired? It’s been over two years now. Will the statutes of limitations stop or do they keep going?

[@mariasalcido6355]

Your videos are amazing. They are so helpful. Thank you so much, it certainly clarifies and it put things into perspective.

[@PeterJLamontEsq]

Thank you very much for your kind words! If there is ever a specific topic that you would like me do address please let me know.

[@nightwing5177]

Outstanding information. God bless you.

[@shakiaagard6851]

What happens if you receive a consent to vacate default judgement without a request to respond?

[@kjyou]

Thank you so much for this valuable information .

[@PeterJLamontEsq]

Thank you for your kind words!

[@adelinehorst7359]

Excellent clarification thank you

[@lineill7392]

This jus happened to me. Recvd a called stating these ppl jus now wants to respond. Thank u for the video

[@PeterJLamontEsq]

Thanks for your comment. I glad the video helped!

[@lineill7392]

Peter J. Lamont, Esq. can u tell me what happens next

[@PeterJLamontEsq]

If you would like to send me a list of questions/topics I​ will do some new videos.

[@lineill7392]

Can u do a video on what happens next after the plaintiff gets served or called stating the defendant has now responded against the default judgement.

[@lineill7392]

Peter J. Lamont, Esq. can u do a video on why the lawyer now jus allowed this I have put in order in since Jan 2018.

[@sydneysmith7485]

****INJUSTICE**** My brother has been incarcerated for 6yrs. Today we found out that the charge he plead guilty to in May of 2016 was dismissed in January of 2016 but the judge/prosecutor/attorney still allowed him to plea guilty to a charge that they know was dismissed. We have official court documents stating that the charge was dismissed as well as the court transcript showing the charge was dismissed. Arresting officer testified that he wasn't involved in the crime that he arrested him for! To cover up the wrong they did to my brother, They put a stipulation in his plea saying that he couldn't file an appeal or for post conviction relief. No one ever told him about those stipulations in his plea. His plea transcript proves that he was never made aware of those stipulations. We've been trying to get help for my brothers for years but EVERYONE is afraid to go against the attorney General even though they know what's being done to my brother is illegal and WRONG!

[@WarrenPuffit]

So how do i file so i can WIN my default judgement.. How do the good people win against the corruption..

[@Myluxury1stHair]

Please answer

[@BB-ty5pc]

I'm not a lawyer, what you would probably want to do is when you move to vacate have defense(s) to the original complaint filed. In order to win, you must dislodge the original complaint is what is clarified in this video.

[@priscillarodriguez268]

Corruption seems to win but GOD steps in and we are always the VICTORS!!! Amen 🙏

[@WarrenPuffit]

So now this case is in Default and the default application motion is what im working on now.. As well as motion to recuse one of the magistrates from the federal hearing 1-9-2019.. Case# 2:18-cv-2720

[@pamvaughn2473]

So should set aside default judjument be carried out or ending with asking the court for dismissal

[@SASQUATCHTRUST]

Been watching so I have a request/idea. Can you cover how to make a motion/ petition, to use the oath of office for the public judge to understand I can lien him if I don’t like his judgment!,? Sort of speak ?

[@sixfo4u]

Sir that was golden!!!!!

[@PeterJLamontEsq]

Thank you!

[@JB-qh1zx]

If I brought a case and received a default judgement, and then it was vacated...do I then have the opportunity to withdraw my complaint all together so I can pursue the matter in another court i.e superior vice small claims?

[@maxday1000]

@Peter J. Lamont, Esq. How can a Judge order a Joint Rule 26 Plan before the defendant have a chance to respond to a summons and complaint? I though that comes after the defendant gave a answer to a summons and complaint?

[@masterkurs]

Could you do a stricken off leave reinstated

[@326sailingships]

Good information!

[@PeterJLamontEsq]

Thank you for your kind words.

[@katyu16]

Is an "Answer due date" given at the end of the hearing in writing to my attorney? I'm in California. Thank you!

[@JG-dw9fq]

Thx!

[@jwyzebeatz]

A summons and complaint was issued to me by a debt collector company(Midland Funding LLC), and I didn't realize that I was suppose to file a written answer/response with the court and serve a copy of it to the other party. I thought I was suppose to wait for a court date and appear in court, I didn't read it thoroughly. So because of this mistake, they issued a default judgement request. But because of the fact that they bought my debt from a credit card company and shouldn't have proof that I owe them, would my best option be setting aside this default judgement using rule 60 reason 3(fraud)? I'd greatly appreciate the help

[@PeterJLamontEsq]

To vacate a default you typically need to file a motion and argue excusable neglect and a meritorious defense.

[@jwyzebeatz]

Yeah I just decided to do that two days ago after a long research on this subject. Thanks for responding.

[@jwyzebeatz]

I filed a motion to set aside the default judgement that was filed against me and requested that the plaintiff verify my debt, and I was given a court hearing for April 27th. Eight days later(today), I get a small stack of papers from the debt collection company trying to deny my motion, and proof of my debt, but still doesn't prove I owe them because their company name is not in the proof of the debt, it just shows the credit bank. One thing that confuses me is that the papers don't look like they came from court, look like something they put together themselves. Should I be worried? Or am I ok and just have to wait on the court date? Also, would the fact that I didn't mention any rules along with my motion affect my case?...

[@Myluxury1stHair]

@@jwyzebeatz What ened up happening? Did you end up winning or having to pay? Please tell.

[@jwyzebeatz]

@@Myluxury1stHair After researching my issue a little further before going to court, I just decided to pay it off and just take it as a lesson learned.

[@floranderson2251]

Thank u great video'

[@PeterJLamontEsq]

Thank you for your kind words. If you would like more information my contact information is listed on www.pjlesq.com

[@gwendiferous]

Awesome !

[@digitalmixer]

what is a entry of default

[@dianaduran6204]

if I was incarcerated and was served for child support, filled out documents and serving party said it never was received a court date set without my knowledge and default set against me what can be done.. I also have too DNA test proving I'm not the father but still ordered to pay. one is a home kit other was done on judge Mathis show

[@priscillarodriguez268]

You have to ask a judge to vacate and DISMISS… key word DISMISS

[@donnag.branch9838]

what if the attorney general sent the letter and said there is no need to file with the courts that they saw no need for me to be on child support

[@Ralina2009]

This guy is better lawyer than his competitor Steve Vondran the way he explain 👍

[@PeterJLamontEsq]

Thanks!

[@FEDERALBOYSENTERTAINMENT]

wonderful video thank you so much many blessing to you and your family i will contact you soon thank you

[@ROBERTHARRISON-zo7hl]

Quid pro quo,counter claim indimnification