+ Reply to Thread
Results 1 to 4 of 4
  1. #1
    vash Guest

    can I file motion to vacate default judgement if it was denied?

    What is the name of your state?What is the name of your state? CA

    I have a default judgement against me back in 2001. I hired a lawyer to file a motion to vacate the judgement but he didn't argue the motion correctly and I lost the motion.

    The question is:

    1. Since the person who ruled on the motion is a commissioner, can I re-file the motion again and ask to be reviewed by a real judge?

    2. Since my lawyer didn't fully present my case to the court, with lots of omitted facts; I have other facts that can prove that I didn't know about the default judgement until recently, can I hire another attorney and re-file for the motion to vacate the judgement?


  2. #2
    Join Date
    Apr 2004
    Location
    Bay Area, CA
    Posts
    10,183
    Quote Originally Posted by vash
    What is the name of your state?What is the name of your state? CA

    I have a default judgement against me back in 2001. I hired a lawyer to file a motion to vacate the judgement but he didn't argue the motion correctly and I lost the motion.

    The question is:

    1. Since the person who ruled on the motion is a commissioner, can I re-file the motion again and ask to be reviewed by a real judge?

    2. Since my lawyer didn't fully present my case to the court, with lots of omitted facts; I have other facts that can prove that I didn't know about the default judgement until recently, can I hire another attorney and re-file for the motion to vacate the judgement?

    The commissioner was the judge that day. Do you recall signing a stipulation allowing this?


  3. #3
    vash Guest
    Quote Originally Posted by --PARIDISE--
    The commissioner was the judge that day. Do you recall signing a stipulation allowing this?
    To tell you the truth, I don't know. My lawyer called the court to get a hearing and I was there on the day of hearing. My lawyer won't let me tell the commissioner the time and dates I learned of the default judgement; he wanted to do all the talking, eventhough some of things he said was wrong. Now that I lost the motion, I am wondering if I have a 2nd chance to get another lawywer to argue it correctly this time. The facts have not been changed but I just want the new laywer to present all the evidence to the hearing. What do I do in this case? Do you think the commissioner would hear the argument the 2nd time around? Do I have a chance to get a real judge hear this case now that I lost the motion?


  4. #4
    Join Date
    Apr 2004
    Location
    Bay Area, CA
    Posts
    10,183
    Quote Originally Posted by vash
    To tell you the truth, I don't know. My lawyer called the court to get a hearing and I was there on the day of hearing. My lawyer won't let me tell the commissioner the time and dates I learned of the default judgement; he wanted to do all the talking, eventhough some of things he said was wrong. Now that I lost the motion, I am wondering if I have a 2nd chance to get another lawywer to argue it correctly this time. The facts have not been changed but I just want the new laywer to present all the evidence to the hearing. What do I do in this case? Do you think the commissioner would hear the argument the 2nd time around? Do I have a chance to get a real judge hear this case now that I lost the motion?

    Please get a consultation from another attorney to go over all this and help you decide if it is worth the effort and money.


+ Reply to Thread

Similar Threads

  1. Need help with a motion to vacate default judgement
    By whatnextnj in forum Divorce, Separation & Annulment
    Replies: 4
    Last Post: 11-03-2010, 06:47 PM
  2. denied a motion to vacate default judgement - now what?
    By babaganoosh in forum Small Claims Courts
    Replies: 15
    Last Post: 05-21-2010, 04:24 PM
  3. Motion to vacate default judgement
    By knightmaer in forum Landlord / Tenant Issues
    Replies: 3
    Last Post: 05-19-2010, 04:03 PM
  4. Motion to Vacate a Default Judgement
    By kimberlygray in forum Small Claims Courts
    Replies: 9
    Last Post: 08-24-2005, 08:36 PM
  5. Motion to vacate default denied
    By ezfaq in forum Divorce, Separation & Annulment
    Replies: 0
    Last Post: 01-10-2005, 04:50 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© Since 1995 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.