Skip to main content

Debtconsolidationcare.com - the USA consumer forum

is a response to a plaintiff's motion to vacate judgement of dismissal necessary?

Date: Fri, 06/24/2011 - 21:07

Submitted by anonymous
on Fri, 06/24/2011 - 21:07

Posts: 202330 Credits: [Donate]

Total Replies: 3


I had an arbitration hearing regarding debt owed to a divorce attorney. As a result, the arbitrator reduced the debt by $3k+. Paperwork was never completed or filed. The court sent notice of possible dismissal. The Plaintiff's requested additional time. The time was granted and then expired. The Judge issued a judgement of dismissal without prejudice. The Plaintiff's have now filed a motion to vacate the dismissal. Would it be of any benefit/detriment to file a response to there motion? Thank you in advance for your answer.


I would definately respond.
The judge saw cause to dismiss. Either an interpretation of facts or law. The other party contests.
The reaons in their motion to vacate the dismissal are entitled to hearing by the court.
If arguments are persuasive, the judge can overturn his ruling.
You can leave it to the judge if their grounds are purely legal, but if they hinge on factual interpretations, I would definately file a response.


lrhall41

Submitted by Lian on Mon, 06/27/2011 - 20:53

( Posts: 234 | Credits: )