vacate judgement

[howard2]

What is the name of your state? NJ


Months ago a judgement was entered against me via summary judgement.

I filed a motion to dismiss due to improper service and lack of jurisdiction. That motion was denied and summary judgement by plaintiff was granted.
I then filed motion to vacate judgement. This motion was unoppossed and granted.
Now court wants a new trial. The whole point of motion to vacate was based on improper service and lack of jurisdiction.

My question is: what happens, if at trial, no one apperas? Since niether side asked for a trial. Will the trial be rescheduled?


Thanks for any information you could offfer.....

 

[seniorjudge]

Q: Months ago a judgement was entered against me via summary judgement. I filed a motion to dismiss due to improper service and lack of jurisdiction. That motion was denied and summary judgement by plaintiff was granted. I then filed motion to vacate judgement. This motion was unoppossed and granted.

A: I hope you plan on going to law school.


Q: Now court wants a new trial.

A: No, YOU want a new trial. That's why you moved to vacate the judgment.


Q: My question is: what happens, if at trial, no one apperas?

A: If the plaintiff does not appear, then you will win again. If you do not appear and the plaintiff appears, you will have a judgment against you.


Q: Since niether side asked for a trial.

A: Again, you won the first skirmish and your prize is a new trial.


Q: Will the trial be rescheduled?

A: Yes, and you better stay on top of it and make sure you show up and do whatever else the court wants. Your doing a great job so far; don't blow it!


I am assuming this is your debtor-creditor case?