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Motion to vacate judgement

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kbarr

Junior Member
What is the name of your state? Indiana

For approximately 1 year I have been fighting a debt collection from an old debt that was bought by a company that buys old debts. I have stated that this is not my bill. I showed up for the court hearing on Friday, March 23, and found out that I got the date wrong (my fault) and it was on March 22. As a result, the plaintiff was granted the summary judgement by default. I feel sick about this....because I really do not like the idea of having to pay for something that is not mine.
What can I do? Should I file a motion to vacate the judgement and on what grounds?
 


bmc100

Junior Member
Were you represented by an attorney? Did you answer defenses in your behalf at the time of your answer?

IF you defended yourself, most judges will side with the Plaintiff attorney. So if you make a mistake, the judge will grant what the attorney wants and we are SOL. Call the court clerk and ask what he civil procedure for the court is regarding filing the motion.
 

latigo

Senior Member
The best I can offer in response is this:

Indiana Trial Rule 60 (b)(1) provides that the court may relieve a party from the entry of a default judgment on grounds (among others) of mistake, surprise or excusable neglect and upon such terms as are just.

Where "mistake, surprise or excusable neglect: are alleged as grounds the motion must be filed within one year from the entry of the order.

Also, “Upon a motion for relief from the default judgment, the burden is on the movant to show sufficient grounds for relief under Indiana Trial Rule 60(B)”. Stidham vs. Whelchel, Indiana Court of Appeals Case No. 27A02-9704-JV-211 – August 25, l977

However, be aware that the rule states that the court “may” grant relief!

Which places the decision to grant or deny the motion in the sound discretion of the trial court, which will not be disturbed on appeal unless the appellant shows that the court abused its discretion.

I don’t know what reason you have for waiting 8 months after the default was taken, but it is not going to bode favorably with the court.
 

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