This casts a whole new light on things and explains much. justalayman is posing the right questions at this point.
When the judgment was entered will tell you if you have time or have lost the right to move to vacate. There is a “judicial disposition in favor of a hearing on the merits”, so courts can be pretty generous when it comes to vacating judgments but, looking back over the thread, I don’t see where it says you actually filed an Answer. I may have just inferred that from you talking about a CMC. Did you file an Answer or have you simply been trying to contact them to make payment arrangements?
If it’s the latter and the suit was filed a year ago, it’s probable that a default was taken more than 180 days ago. You filed a CMC Statement, so it’s not likely that you could argue that you never had notice of service (which could extend your motion time up to two years). If you’re stuck with more than 6 months from date of default, you’ve lost the ability to move to vacate.
If you haven’t lost it, understand that vacating is a two-edged sword. You’ll have to pay to file an Answer (unless you qualify for a fee waiver) and they have the right to fees for opposing your successful motion and starting again from scratch. Even if you are entitled to file, you must consider that.
You don’t say when the account was seized but, when you say that you don’t have the funds and they haven’t taken them, understand that the bank freezes them and gives notice to you (and any third-party claimant with a superior claim). Then the funds are given to the Sheriff, who holds them for 10 days to see if there’s a claim of exemption. If there is no superior claimant and no claim of exemption, the funds are then forwarded to the judgment creditor. It may only be a question of time.
You made the unqualified statement that none of the funds in the account were exempt. Are you sure? Have you actually done a financial work-up of assets and liabilities and know you have no claim of exemption? If the bank account didn’t satisfy the judgment, they’ll try another levy and/or use some other means and you really should familiarize yourself with the extent of your exemptions.
A motion to vacate and/or a claim of exemptions requires that they respond. If they haven’t paid attention to you yet, they have to for those. Frankly, you may be surprised by exemptions to which you're entitled and filing a claim, even if it’s denied, could open the communications you want. A successful claim of exemption, together with an offer to make reasonable payments notwithstanding, is something they’d be stupid to ignore.
When the judgment was entered will tell you if you have time or have lost the right to move to vacate. There is a “judicial disposition in favor of a hearing on the merits”, so courts can be pretty generous when it comes to vacating judgments but, looking back over the thread, I don’t see where it says you actually filed an Answer. I may have just inferred that from you talking about a CMC. Did you file an Answer or have you simply been trying to contact them to make payment arrangements?
If it’s the latter and the suit was filed a year ago, it’s probable that a default was taken more than 180 days ago. You filed a CMC Statement, so it’s not likely that you could argue that you never had notice of service (which could extend your motion time up to two years). If you’re stuck with more than 6 months from date of default, you’ve lost the ability to move to vacate.
If you haven’t lost it, understand that vacating is a two-edged sword. You’ll have to pay to file an Answer (unless you qualify for a fee waiver) and they have the right to fees for opposing your successful motion and starting again from scratch. Even if you are entitled to file, you must consider that.
You don’t say when the account was seized but, when you say that you don’t have the funds and they haven’t taken them, understand that the bank freezes them and gives notice to you (and any third-party claimant with a superior claim). Then the funds are given to the Sheriff, who holds them for 10 days to see if there’s a claim of exemption. If there is no superior claimant and no claim of exemption, the funds are then forwarded to the judgment creditor. It may only be a question of time.
You made the unqualified statement that none of the funds in the account were exempt. Are you sure? Have you actually done a financial work-up of assets and liabilities and know you have no claim of exemption? If the bank account didn’t satisfy the judgment, they’ll try another levy and/or use some other means and you really should familiarize yourself with the extent of your exemptions.
A motion to vacate and/or a claim of exemptions requires that they respond. If they haven’t paid attention to you yet, they have to for those. Frankly, you may be surprised by exemptions to which you're entitled and filing a claim, even if it’s denied, could open the communications you want. A successful claim of exemption, together with an offer to make reasonable payments notwithstanding, is something they’d be stupid to ignore.
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