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  1. #1
    fmoadab is offline Member
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    Default judgement, and defendant wants to vacate

    What is the name of your state (only U.S. law)? NJ
    Based on the fact that he did not respond to discovery, I got a default judgement.
    Almost 3 months ago he filed a motion to vacate and it was denied because he still had not responded to discovery, and at the motion hearing judge said that I will give you 20 days to respond and you can file another motion to vacate.
    Well it is 21/2 months passed 20 days and I just got my discovery papers with some nonsense answers, and I wonder that after all this time will the court allow him to vacate the judgement? Thanks in advance
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by fmoadab View Post
    What is the name of your state (only U.S. law)? NJ
    Based on the fact that he did not respond to discovery, I got a default judgement.
    Almost 3 months ago he filed a motion to vacate and it was denied because he still had not responded to discovery, and at the motion hearing judge said that I will give you 20 days to respond and you can file another motion to vacate.
    Well it is 21/2 months passed 20 days and I just got my discovery papers with some nonsense answers, and I wonder that after all this time will the court allow him to vacate the judgement? Thanks in advance
    Let us know what happens...
  3. #3
    justalayman is offline Senior Member
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    Hold on a minute. I'm conferring with my Magic 8 Ball.





    it says: maybe
  4. #4
    fmoadab is offline Member
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    Aren't there specific rules and time limitation to respond to discovery? Don't you have to ask the court for extension in order to have more time?
  5. #5
    Zigner is offline Senior Member
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    Quote Originally Posted by fmoadab View Post
    Aren't there specific rules and time limitation to respond to discovery? Don't you have to ask the court for extension in order to have more time?
    It sounds like they are trying to do that and there is no way we can guess if it will be successful. Time will tell...
  6. #6
    justalayman is offline Senior Member
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    did you file to dismiss the motion to vacate due to the time? If not, the courts may simply extend the time since apparently you have no objection.


    btw: that is a hint. You need to object to the motion due to the failure to provide the discovery within the courts allowance.
  7. #7
    fmoadab is offline Member
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    Quote Originally Posted by justalayman View Post
    did you file to dismiss the motion to vacate due to the time? If not, the courts may simply extend the time since apparently you have no objection.


    btw: that is a hint. You need to object to the motion due to the failure to provide the discovery within the courts allowance.
    When he filed motion to vacate about 21/2 months ago, yes I filed an objection and in the hearing judge ruled that due to no respond to discovery he has to deny the motion, but he added in his ruling that defendant can have additional 20 days to respond to discovery, and refile motion to vacate. Well 20 days were up 21/2 moths ago. So I think objection to motion to vacate based on time allowed by court would be a valid one, but since I am not sure, I figured I come here to find out.
  8. #8
    justalayman is offline Senior Member
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    so, your objection was overruled. That settles that motion. What have you filed since?


    So I think objection to motion to vacate based on time allowed by court would be a valid one, but since I am not sure, I figured I come here to find out.
    the prior motion was already dealt with. It was overruled. That means that motion was settled. It does not live on forever.
  9. #9
    fmoadab is offline Member
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    Quote Originally Posted by justalayman View Post
    so, your objection was overruled. That settles that motion. What have you filed since?


    the prior motion was already dealt with. It was overruled. That means that motion was settled. It does not live on forever.
    My objection to the motion to vacate was not overruled, as a matter of fact, the ruling was in my favor which is why the judgement still stands, but along that ruling, judge said that he would allow an additional 20 days from that date, for the defendant to comply with discovery and then defendant can refile for motion to vacate. Well that 20 days expired two and half months ago, and just now I get answers for discovery. I think it would be valid point to argue that not only defendant did not comply with discovery according to court's rules, but when the judge gave him an additional 20 days, even then he failed to respond in a timely manner, and that would be grounds for denying the motion to vacate. Mind you, defendant has not filed the motion to vacate for the second time yet, but since he sent me the answers to discovery, I just know that is what he is going to do next.
  10. #10
    fmoadab is offline Member
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    BTW I must let you know that I filed a motion for order enforcing litigants rights, based on the fact the he did not comply with the information subpoena that I served on him, so he never showed up for that motion which allowed me to file for application for arrest warrant, due to his non-compliance, so there is a good chance that he just may be locked up soon anyway, but what I find most interesting is that he ignores all my filings and fails to comply with the court rules and rulings, yet he expects the court to take his side and allow him to vacate the judgement.
  11. #11
    justalayman is offline Senior Member
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    Mind you, defendant has not filed the motion to vacate for the second time yet, but since he sent me the answers to discovery, I just know that is what he is going to do next.
    Ok, put it this way: do not ignore any motions the other party makes. If he files a motion to vacate, object to it. While the court should flat out refuse his motion, it doesn't mean they will.
  12. #12
    Proseguru is offline Member
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    Well, just file another objection .. note that the discovery received is not complete and not timely, violating the court's orders.
  13. #13
    menchari is offline Member
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    I would file a motion to compel since the motion for discovery wasn't met in a timely fasion.
  14. #14
    fmoadab is offline Member
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    Quote Originally Posted by justalayman View Post
    Ok, put it this way: do not ignore any motions the other party makes. If he files a motion to vacate, object to it. While the court should flat out refuse his motion, it doesn't mean they will.
    Well, back to this issue, even though I thought it would be impossible for Judge to grant the motion to vacate, but he did, and I am very surprised about it.
    So here I am looking to find something out. You see the guy answered the discover as sloppy as you can imagine, meaning the answer to "set forth the basis on you defense", he put a big dash, and did not answer it, and of course the rest of the answers are also very stupid with no evidence of any kind. So here I am wondering if I have a chance with filing a motion for summary judgement since he has failed to show defense? Thanks in advance,

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