Motion to Vacate

What is the name of your state? IL

When a motion to vacate a judgement is filed is a hearing automatically scheduled or does the creditor have to request one?

[JETX]

Originally Posted by Stupidest

When a motion to vacate a judgement is filed is a hearing automatically scheduled or does the creditor have to request one?

The movant (the party making the motion) has to contact the court, set the hearing, then notify all other parties.

So what your saying is if a debtor wants to vacate a judgement against him he has to file the motion, notify the creditor, and then prove at a hearing why it should be vacated, correct?

[JETX]

Originally Posted by Stupidest

So what your saying is if a debtor wants to vacate a judgement against him he has to file the motion, notify the creditor, and then prove at a hearing why it should be vacated, correct?

You got it.

can the debtor subpeona witnesses, documents to prove his case?

[JETX]

Originally Posted by Stupidest

can the debtor subpeona witnesses, documents to prove his case?

The 'case' has already been made at the time of judgment. If you are asking if you can bring witnesses to support your motion to dismiss, yes. However, your Motion to Dismiss is just that.... a motion to dismiss the lawsuit due to some error (failure to properly notice, etc.) and should not require witnesses.

What EXACTLY is the reason for your motion??

Oh so you'd like to know the whole story huh? OK you asked for it. It's actually a default judgement agaisnt my Dad

I was recently discharged from a CH 7 BK. There were preferential transfer one of which was to my father. The Trustee requested the money be returned. My Dad, being the type of guy he is, claimed that he didn't owe the money, the money was his and he wasn't giving it up.

The Trustee properly served him that he was seeking a judgement against him. Dad sent trustee nasty letter calling me a liar and saying he wasn't paying. Dad doesn't show at judgement hearing, doesn't file anything with the clerk of the bankruptcy court denying that he owes the money. end result a default judgement against my Dad.

Now Trustee is trying to collect and has served Dad with a Citation to Discover Assets. The meeting is Tues. Sept 21.

Dad now decides he wants to vacate the judgement. His reason for vacating? He doesn't owe the money. He claims he's going to subpeona anyone he can get that will call me a liar. Plus subpeona me and my wife. I might add that this was a cash loan and a cash payback. There is no written record of the loan or the payback. Dummy me I shouldn't have even entered it on my BK.

Default judgement was signed by the judge on Aug 27. I'm not sure but I believe in Illinois he has 30 days after the judgement to ask that it be vacated. After that it would be hard to do. 30 days is Sun Sept. 26

(1) So if he moves to have the judgement vacated what happens?

(2) Does he get a day in court?

(3) Can he subpeona anyone and everyone?

(4) What happens if he doesn't file the motion until after the 30 days are up

Worst part about this is I've told him I'd pay him back the $3800 + 150 costs
and I have $2000 dollars saved up to give him. But being the paranoid and self rightous guy he is he says no way. I've told him that all the Trustee want is the money and he will go away but he just doesn't believe me.

I really feel I have to explain what kind of guy my Dad is. He's 75 yrs old, lived through the depression and saved every penny he ever earned and is very protective of it. He also thinks that anything that has to do with the government is out to get the "little guy" This doesn't make him bad, just very stubborn.

I thinl I've found everthing I need to know at illinoislawhelp.org